Deck 2: The Courts and Alternative Dispute Resolution

Question 1

Only a plaintiff may file a motion for judgment on the pleadings.

Answer 1

True

Question 2

A long arm statute permits a court to exercise jurisdiction over an out-of-state defendant.

Answer 2

True

Question 3

Federal courts are superior to state courts.

Answer 3

False

Question 4

A federal case typically originates in a federal district court.

Question 5

Cyberspace is its own jurisdiction.

Question 6

A justiciable controversy is a case in which the court's decision-the "justice" that will be served-will be controversial.

Question 7

A state court can exercise jurisdiction over all of the property located within the boundaries of the state.

Question 8

An answer can admit to the allegations made in a complaint.

Question 9

A lawsuit involving a federal question can originate in a federal court.

Question 10

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

Question 11

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

Question 12

The Internet has no effect on a court's assertion of personal jurisdiction.

Question 13

State courts are independent of federal courts.

Question 14

The United States Supreme Court can review a decision by a state's high?est court only if a question of federal law is involved.

Question 15

A summary judgment is granted only if there is no genuine question of law.

Question 16

The jurisdiction of a state court of appeal is substantially limited to hear?ing appeals.

Question 17

A state court can exercise jurisdiction over anyone within the boundaries of the state.

Question 18

A state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state.

Question 19

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

Question 20

A court will not exercise jurisdiction over an out-of-state defendant who has only done business in the jurisdiction over the Internet.

Question 21

Voir dire is a process for presenting evidence in a case.

Question 22

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

A) diversity jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Question 23

Any judgment is enforceable.

Question 24

An arbitrator's award is always the final word on a matter.

Question 25

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

Question 26

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is

A) the courts.
B) the president of the United States.
C) the governor of Ohio.
D) the U.S. Congress.

Question 27

Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court.

Question 28

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

Question 29

A deposition involves written questions for which written are prepared and signed under oath.

Question 30

No court requires mediation before a case goes to trial.

Question 31

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for

A) any court to exercise in rem jurisdiction.
B) a federal district court to exercise original jurisdiction.
C) a U.S. court of appeals to exercise appellate jurisdiction.
D) the United States Supreme Court to issue a writ of certiorari.

Question 32

Most online dispute resolution (ODR) forums automatically apply the law of the state of California.

Question 33

Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has

A) diversity jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Question 34

In most states, if neither party requests a jury, there will be no jury trial.

Question 35

Mandatory arbitration clauses in employment contracts are not enforceable.

Question 36

After a decision is rendered in a case, no party can file an appeal.

Question 37

Negotiation is the most complex form of alternative dispute resolution.

Question 38

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

Question 39

An arbitrator can never render a legally binding decision.

Question 40

The case of Argyle Clothing Corporation v. Brummel is heard in a Connecticut court with origi?nal jurisdiction. The case of Chuck-a-Block v. Dunderhead, Inc. is heard in a Connecticut court with appellate jurisdiction. The difference be?tween original and ap?pellate jurisdiction is whether

A) a case is being heard for the first time.
B) the court is exercising a new type of jurisdiction.
C) the parties' legal arguments are innovative.
D) the subject matter of a case involves new facts.

Question 41

Edie files a suit against Franz. If this suit is like most cases, it will be

A) dismissed during a trial.
B) dismissed or settled before a trial.
C) resolved only after a trial.
D) settled at a trial.

Question 42

Ruth files a suit against SyCo Products, Inc. SyCo responds that even if Ruth's statement of the facts is true, according to the law SyCo is not liable. This is

A) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 43

Inferior Company sells products that are poorly made. Jack, 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 Jack does not have

A) certiorari.
B) jurisdiction.
C) standing.
D) sufficient minimum contacts.

Question 44

Fact Pattern 2-1 (Questions 13-17 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 2-1. The sheriff serves Nancy with a summons. If Nancy chooses to ignore it

A) Mack must file an amended complaint.
B) Mack will have a judgment entered in his favor.
C) Nancy must be served with a second summons.
D) Nancy will have a judgment entered in her favor.

Question 45

Fact Pattern 2-1 (Questions 13-17 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 2-1. If Nancy responds to Mack's complaint by filing a counterclaim

A) Mack will be given time to file an answer.
B) Mack will have a judgment entered in his favor.
C) Nancy will be given time to file an amended answer.
D) Nancy will have a judgment entered in her favor.

Question 46

In Federated Corporation's suit against Giganta Discount Stores, Inc., the jury returns a verdict in Federated's favor. Giganta files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

A) a judgment in accordance with the verdict.
B) a judgment on the pleadings.
C) a new trial.
D) judgment n.o.v.

Question 47

Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is

A) a counterclaim.
B) a crossclaim.
C) an affirmative defense.
D) an irrelevant response.

Question 48

Seth files a suit against Trent. Before going to trial, the parties, with their at?torneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is

A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Question 49

Fact Pattern 2-2 (Questions 22-23 apply)
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.
Refer to Fact Pattern 2-2. After its review of Kelly v. Lewis, the appellate court can

A) affirm, reverse, or remand all or part of the lower court's decision.
B) only affirm or reverse all or part of the lower court's decision.
C) only remand all or part of the lower court's decision.
D) only reverse or remand all or part of the lower court's decision.

Question 50

Mary wins her suit against National Manufacturing Co. National's best ground for appeal is the trial court's interpretation of

A) the conduct of the witnesses during the trial.
B) the credibility of the evidence that Mary presented.
C) the dealings between the parties before the suit.
D) the law that applied to the issues in the case.

Question 51

Fact Pattern 2-1 (Questions 13-17 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, and the court grants it

A) Mack will be given more time to file an amended complaint.
B) Mack will have a judgment entered in his favor.
C) Nancy will be given more time to file another response.
D) Nancy will have a judgment entered in her favor.

Question 52

Connelly files a suit against Droll Digression Corporation. Droll responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Droll supports this response with witnesses' sworn statements. This is

A) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 53

Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is

A) the answer.
B) the complaint.
C) the service of process.
D) the summons.

Question 54

Cassidy wants to appeal his case against Deli Snax Corporation to the United States Supreme Court. Cassidy must ask the Court to issue a writ of

A) certiorari.
B) jurisdiction.
C) standing.
D) venue.

Question 55

Don files a suit against Eagle Sales, Inc., in a Florida state court based on a Web site through which Florida residents can do business with Eagle. The court will likely exercise jurisdiction over Eagle if the interactivity of the site is seen as

A) a "neutral" connection with the state.
B) an "Internet" connection with the state.
C) a "passive" connection with the state.
D) a "substantial" connection with the state.

Question 56

Fact Pattern 2-2 (Questions 22-23 apply)
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.
Refer to Fact Pattern 2-2. After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to a federal appellate court if

A) a federal question is involved.
B) a question of state law remains unresolved.
C) the party is unsatisfied with the result.
D) the state trial and appellate court rulings are different.

Question 57

Fact Pattern 2-1 (Questions 13-17 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, and the court denies it

A) Mack will be given more time to file an amended complaint.
B) Mack will have a judgment entered in his favor.
C) Nancy will be given more time to file another response.
D) Nancy will have a judgment entered in her favor.

Question 58

Fact Pattern 2-1 (Questions 13-17 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, she is asserting that

A) Mack did not state a claim for which relief can be granted.
B) Mack's statement of the facts is not true.
C) Mack's statement of the law is not true.
D) Nancy suffered greater harm than Mack.

Question 59

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

A) has a sufficient stake in the matter.
B) has jurisdiction.
C) has sufficient minimum contacts with the parties.
D) is a more convenient location to hold the trial.

Question 60

In Eduardo's suit against Fresco Bank, the discovery phase would in?clude all of the following except

A) Eduardo's complaint.
B) Eduardo's deposition.
C) Eduardo's requests for Fresco's admissions.
D) Fresco's replies to Eduardo's interrogatories.

Question 61

Dick submits his claim against EZ Bid Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by

A) Dick only.
B) Dick or EZ Bid.
C) EZ Bid only.
D) neither Dick nor EZ Bid.

Question 62

Fact Pattern 2-3 (Questions 27-29 apply)
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-3. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of set?tling their dispute may be mediation because

A) the case will be heard by a mini-jury.
B) the dispute will eventually go to trial.
C) the process is not adversarial.
D) the resolution of the dispute will be decided an expert.

Question 63

Fact Pattern 2-3 (Questions 27-29 apply)
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-3. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the ad?van?tages of

A) arbitration.
B) conciliation.
C) intervention.
D) mediation.

Question 64

Ultra Trucking Corporation files a suit in a state court against Vic's Service Company (VSC), and wins. VSC appeals the court's decision, as serting that the evidence presented at trial to support Ace's claim was so scanty that no reasonable jury could have found for the plaintiff. There fore, argues VSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts If not, why not What are an appellate court's options after reviewing a case

Question 65

In Harry's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party. A third party renders an opinion as to how a court would likely decide the dispute. This is

A) a mini-trial.
B) arbitration.
C) a summary jury trial.
D) early neutral case evaluation.

Question 66

Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made

Question 67

Fact Pattern 2-3 (Questions 27-29 apply)
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-3. The least expensive method to resolve the dis?pute between Java and Kaffe may be

A) arbitration because the case will be heard by a mini-jury.
B) litigation because each party will pay its own legal fees.
C) mediation because the dispute will be resolved by a non-expert.
D) negotiation because no third parties are needed.

Question 68

Jim files a suit against Kary. 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 renders a legally binding decision. This is

A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Question 69

Bethany files a suit against Cullen. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is

A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Question 70

Molly files a suit against Nick. They meet, and each party's attorney 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 encourage them to settle their dispute. This is

A) court-ordered arbitration.
B) early neutral case evaluation.
C) a mini-trial.
D) a summary jury trial.

Question 71

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

A) monitor any arbitration until it concludes.
B) order an arbitrator to rule in a particular way.
C) order a party to bring the dispute to court.
D) order a party to submit to arbitration.

Question 72

Niche Boutique Corporation and Paulina agree to re?solve their dispute in arbitration. The arbitrator's decision is called

A) a conclusion of law.
B) a finding of fact.
C) an award.
D) a verdict.