Exam 2: B: Courts and Alternative Dispute Resolution

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

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

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

Diversity of citizenship cases are only those arising between citizens of different states.

Fact Pattern 2-A1 Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1.If Java and Kaffe have a long-standing busi?ness relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because

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

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an on?line forum.Like most online forums,2BRNot2B.com applies

Venue is the term for the subject matter of a case.

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

A federal case typically originates in a state court.

Negotiation is the most complex form of alternative dispute resolution.

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

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?

Alternative dispute resolution refers to any method for resolving a dis?pute outside the court system.

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

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

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

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

The United States Supreme Court has original jurisdiction in rare instances.