Exam 2: Courts and Alternative Dispute Resolution

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -A mini-trial is a private proceeding in which each party's attorney ar?gues the party's case before the other party.

Transnational Corporation and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion may

Cody wants to appeal his case against Digital Corporation to the United States Supreme Court. Cody must ask the Court to issue a writ of

Lee files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lee and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

Owen, in Pennsylvania, and Quik Jobs, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia. This is a ground for a court to

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -The decisions of state trial courts of limited jurisdiction may sometimes be appealed to state trial courts of general jurisdiction.

A clause in a contract between Timber Corporation, a U.S. firm, and Wang, Ltd., a Japanese firm, specifies that disputes over the con?tract will be adjudicated in the United States. This is

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Federal courts are superior to state courts.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Alpha Company files a suit against Beta, Inc., in a Colorado court with gen?eral jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank. The differ?ence between general and limited ju?risdiction is

MicroWare hosts a Web site that advertises its software products, fea?tures upgrades and "patches" for its existing software products, and ac?cepts orders for the products from consumers throughout the world. Mary, who owns and operates Business Records, Inc,, a small bookkeep?ing and payroll business in Colorado, orders from the Web site a copy of MicroWare's Office Books software. Office Books is designed to help ac?countants and bookkeepers keep accurate business records. When Office Books is found to have a defect in its calculating program, MicroWare of?fers a patch on its Web site to fix the problem. Mary has already lost sev?eral customers because of the miscalculating defect, however, and files a suit against MicroWare in a Colorado state court. Can the court exercise jurisdiction over MicroWare? Why or why not?

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. The least expensive method to resolve the dis?pute between Java and Kaffe may be

United, Inc., a U.S. firm, and Wallaby, Ltd., an Australian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between United and Wallaby over a dispute involving this contract may occur in

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?

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Most lawsuits are settled or dismissed before they go to trial.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -A long arm statute permits a court to obtain jurisdic?tion over an out-of-state defendant.

Jan and Kyle sign a contract that provides that if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jan files a suit against Kyle. The court will likely

Vince files a suit against Will. Vince and Will meet, and each party's at?torney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to en?courage them to settle their dispute. This is

Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -The United States Supreme Court has appellate authority over all cases decided in the state courts.