Exam 2: A: Courts and Alternative Dispute Resolution

The United States Supreme Court can review any case decided by any of the federal courts of appeals.

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

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

Mediation is adversarial in nature.

Pixie files a suit against Quiver.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the par?ties.This is

Harvey,a resident of Indiana,has an accident with Janette,a resident of Kentucky,while driving through that state.Janette files a suit against Harvey in Kentucky.Regarding Harvey,Kentucky has

Child's Play,Inc. ,sells a toy with a dangerous defect.Drew buys the toy for his son but discovers the defect before the child is injured.Drew files a suit against Child's Play.The firm's best ground for dismissal of the suit is that Drew does not have

Eager Workers Union and Factory Assembly Company have their dis?pute resolved in arbitration.The arbitrator makes a mistake in a conclu?sion of law.This is a ground for a court to

Far Trade Company and Global Shipping.Inc. ,have their dispute re?solved in arbitration.The arbitrator meets with Far's representative to discuss the dispute outside the presence of Global's representative,be?fore determining the award.If this meeting substantially prejudiced Global's rights,a court will most likely

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

A state court cannot exercise jurisdiction over property located within the state's boundaries regardless of the property owners' location.

Seaside Resort,Inc. ,adopts an alternative dispute resolution (ADR)pro?gram.Tess,a current employee,signs an agreement under which arbi?tration is subject to "Seaside's rules,with the employee to bear all costs of the proceeding." When a dispute arises,Tess refuses to arbitrate.Seaside files a suit to compel arbitration.The court will most likely

In mediation,the mediator proposes a solution that includes what com?promises are necessary to reach an agreement.

Small claims courts are inferior state trial courts.

Mandatory arbitration clauses in employment contracts are generally enforceable.

Lora is a resident of Illinois.Ned is a resident of Wisconsin.They dispute the ownership of a boat docked in a Michigan harbor.This diversity of citizenship could serve as a basis for

U.S.district courts have original jurisdiction in matters involving federal questions.

Most lawsuits are settled or dismissed before they go to trial.

A court's review of an arbitrator's award may be restricted.

Worldwide Trucking Corporation files a suit in a state court against XL Service Company,and wins.XL appeals the court's decision,as?serting that the evidence presented at trial to support Worldwide's claim was such that no reasonable jury could have found for the plaintiff.There?fore,argues XL,the appellate court should reverse the trial court's de?ci?sion.May an appellate court ever reverse a trial court's findings with re?spect to questions of fact?