Exam 2: Courts and Alternative Dispute Resolution

Quik Results,Inc.,a Maine corporation,makes and sells Power Up!,a weight-gain and muscle-building supplement.Orin,a citizen of New York,sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club.Within ten days of beginning to use Power Up!,Orin suffers internal injuries.Alleging that the injuries are caused by Power Up!,Orin files a suit against Quik in a New York state court.Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik.What is the court most likely to rule and why?

Elle is walking to work along a sidewalk next to a road.A truck owned by Fast Distribution Company (FDC)strikes and injures Elle,causing her injuries that result in more than $250,000 in medical expenses.Elle is a resident of Georgia,where the accident occurred.FDC has its princi?pal place of business,and is incorporated,in Delaware.In what court may Elle sue FDC?

A justiciable controversy is a case in which the court's decision-the "jus?tice" that will be served-will be controversial.

Inferior Company sells products that are poorly made.Jock,who has never bought an Inferior product,files a suit against Inferior,alleging that its products are defective.The firm's best ground for dis?missal of the suit is that Jock does not have

Federal courts are superior to state courts.

Shelly and Tom disagree over the amount of money due under their con?tract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

Boyd files a suit in a federal district court against Cathy.Cathy loses the suit,appeals to the U.S.Court of Appeals for the Second Circuit,and loses again.Cathy asks the United States Supreme Court to hear the case.The Court is

In some states,lawyers are not allowed to represent people in small claims courts.

Arbitration that is mandated by the courts is often binding on the parties.

A federal case typically originates in a state court.

Mariah wins her suit against Variety Products Company.Variety's best ground for appeal is the trial court's interpretation of

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Eden Property Sales Corporation and Dion agree to re?solve their dispute in arbitration.The arbitrator's decision is called

In early neutral case evaluation,a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

Olivia files a suit against Parker.If this suit is like most cases,it will be

Inferior Company,which is based on South Carolina,makes and sells prod?ucts that are poorly made.Jack,who is a resident of North Carolina,buys an Inferior product and suffers an injury through its use.The diversity of citi?zenship between these parties means that

The Ohio state legislature passes a law to regulate local delivery serv?ices.The final authority regarding the constitutionality of this law is

Liu files a suit against Macro Sales,Inc.,in a New Jersey state court based on a Web site through which New Jersey residents can do busi?ness with Macro.The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as