Exam 2: A: Courts and Alternative Dispute Resolution

State courts are independent of federal courts.

A long arm statute permits a court to obtain jurisdic?tion over an out-of-state defendant.

Kobe files a suit against Joanna.They meet,and each party's at?torney ar?gues the party's case before a judge and jury.The jury presents an ad?vi?sory verdict,after which the judge meets with the parties to en?courage them to settle their dispute.This is

To have standing to sue,a party must have been injured or have been threatened with injury by the action about which he or she is complaining.

The function of the courts is to interpret and apply the law.

Jo files a suit against Lara in a Missouri state court.Lara's only connec?tion to Missouri is an ad on the Web originating in Nebraska.For Missouri to exercise jurisdiction,the issue is whether Lara,through her ad,has

Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration.In most circumstances,submission to arbitration is possible

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

Owen,in Pennsylvania,and Quonset Structures,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

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

Tyler,a citizen of Utah,files a suit in a Utah state court against Veritas Sales Corporation,a Washington state company that does business in Utah.The court has original jurisdiction,which means that

Milo files a suit against Otis.At the trial,each party's attorney pre?sents the party's case before a judge who hears the dispute and renders a le?gally binding decision.This is

Kit loses her suit against Lou in a Minnesota state trial court.Kit ap?peals to the state court of appeals and loses again.Kit would appeal next to

A mini-trial is a private proceeding in which each party's attorney ar?gues the party's case before the other party.

Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined.

A choice-of-law clause designates the jurisdiction for the litigation of disputes arising under a contract.

For purposes of diversity of citizenship,a corporation is a citizen only of the state in which it is incorporated.

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?

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

Jackson files a suit against Lance.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party sug?gests or proposes a resolution,which the parties may or may not decide to adopt.This is