Exam 2: The Resolution of Private Disputes

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called:

For federal "diversity" jurisdiction to exist:

The assertion of specific in personam jurisdiction satisfies federal due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

What are depositions?

Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely:

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

Often, federal district courts have concurrent jurisdiction with state courts.

Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule?

Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of:

Generally, forum selection clauses in form agreements are unenforceable.

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Normally, a motion for summary judgment requires that a court decide both questions of fact and questions of law.

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?

Minor criminal cases and civil disputes are decided in the appellate courts.

Calvin, a resident of South Park, Colorado, creates a Web site called "But Seriously" which acts as an electronic billboard for posting funny stories. Ted, a resident of Northridge, California, posts a story on the Web site. Stu, a San Diego, California resident, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his Web site. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?

Which of the following characterizes discovery?

The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the:

As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify.