Deck 3: The Courts and Alternative Dispute Resolution

Question 1

In a few states,in suits brought in small claims courts,lawyers are not allowed. 

Answer 1

True

Question 2

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

Answer 2

False

Question 3

Discovery is the process of obtaining information from an opposing party before trial. 

Answer 3

True

Question 4

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state. 

Question 5

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings. 

Question 6

A federal case typically originates in a state court. 

Question 7

Any written material,including information stored electronically,can be the object of a discovery request. 

Question 8

At the beginning of a trial,only the defendant's attorney makes an opening statement. 

Question 9

Small claims courts are inferior trial courts. 

Question 10

Cases involving diversity of citizenship arise only between citizens of different states. 

Question 11

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction. 

Question 12

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

Question 13

Federal district courts have concurrent jurisdiction with state courts in matters involving both federal questions and diversity of citizenship. 

Question 14

Interrogatories are written questions for which written answers are prepared by a judge.

Question 15

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

Question 16

To have standing to sue,a party must have a sufficient stake in a matter to justify seeking relief through the court system. 

Question 17

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

Question 18

A court can exercise jurisdiction over property located within its boundaries. 

Question 19

At the pretrial stage of a trial,the plaintiff can file a motion to dismiss. 

Question 20

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant. 

Question 21

In most appealed cases,a trial court's decision is affirmed. 

Question 22

Hua,a resident of Illinois,owns a warehouse in Indiana.A dispute arises over the ownership of the warehouse with Jac,a resident of Kentucky.Jac files a suit against Hua in Indiana.Regarding this suit,Indiana has​ 

A) ​federal jurisdiction. 
B) ​in personam jurisdiction. 
C) in rem jurisdiction.​ 
D) ​no jurisdiction.

Question 23

A state court can exercise jurisdiction over an out-of-state defendant,but the defendant must have​ 

A) ​minimum contacts with the state. 
B) ​maximum contacts with the state. 
C) ​legitimate contacts with the state. 
D) ​legal contacts with the state.

Question 24

A trial commences with the plaintiff's attorney's direct examination of the first witness. 

Question 25

A motion for summary judgment may be made before,during,or after a trial. 

Question 26

No court offers mediation as an option before a case goes to trial. 

Question 27

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

Question 28

A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court. 

Question 29

Only a defendant may file a motion for summary judgment. 

Question 30

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side. 

Question 31

An appellate court can reverse the decision of a trial court that erred. 

Question 32

In mediation,the mediator proposes a solution and makes a decision resolving the dispute. 

Question 33

The term alternative dispute resolution refers to any method for resolving a dispute outside the traditional judicial process. 

Question 34

David,an Alabama resident,files a suit in an Alabama court against QuickAds,an Internet company based in Georgia that provides advertising services.QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising.The Alabama court is​ 

A) ​likely to have jurisdiction over the case. 
B) ​not likely to have jurisdiction over the case. 
C) ​likely to refer the case to a higher district court. 
D) likely to refer the case to an appellate court.​

Question 35

Milo files a suit against Nick in an Ohio state court,noting that Nick operates a Web site through which Ohio residents have done substantial business with him.The court is most likely to have jurisdiction over Nick if Milo's claim arises from​ 

A) ​anything an Ohio resident has done. 
B) ​Nick's Web site activities. 
C) ​nothing an Ohio resident has done. 
D) ​something other than Nick's Web site.

Question 36

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

Question 37

After a defendant finishes introducing evidence,the plaintiff can present a rebuttal. 

Question 38

Hope wants to file a suit against Gerry.For a court to hear the case,​​ 

A) ​Gerry must agree. 
B) ​the court must have jurisdiction. 
C) ​the parties must have no minimum contacts with each other. 
D) ​the parties must own property.

Question 39

Negotiation is the most complex form of alternative dispute resolution. 

Question 40

Arbitration that is mandated by a court is often binding on the parties. 

Question 41

Mediocrité,Inc.,makes and sells goods that are substandard.Naomi,who has never bought or used a Mediocrité item,files a suit against the firm,alleging that its products are defective.The company's best ground for dismissal of the suit is that Naomi does not have​ 

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

Question 42

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​ 

A) ​contra charge. 
B) counterclaim.​ 
C) ​counterpoint. 
D) ​cross-complaint.

Question 43

D'Antoni files a suit in a federal district court against Enya.D'Antoni loses the suit,appeals to the U.S.Court of Appeals for the Ninth Circuit,and loses again.D'Antoni asks the United States Supreme Court to hear the case.The Court is​ 

A) ​not required to hear the case. 
B) ​required to hear the case because D'Antoni lost in a federal court. 
C) ​required to hear the case because D'Antoni lost in a lower court. 
D) ​required to hear the case because it is an appeal.

Question 44

Noah files a suit in a state court against Olivia.The case proceeds to trial,after which the court renders a verdict.If either party appeals,the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​ 

A) ​a brief including the arguments of both parties. 
B) ​a copy of the record on appeal. 
C) ​an explanation for the verdict. 
D) ​a statement of the grounds for reversal.

Question 45

In a suit by the National Forest Preservation Organization (NFPO)against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of​ 

A) ​an admission in court. 
B) a statement to the media.​ 
C) ​information to which Old Growth has a right of privacy. 
D) ​irrelevant evidence.

Question 46

Carol files a suit against Andy in a state trial court and loses.Carol​ 

A) ​cannot take her case any higher in the court system. 
B) ​can insist that the United States Supreme Court hear her case. 
C) ​can plead her case before an appellate court. 
D) ​can plead her case before a small claims court.

Question 47

Kari and Lillian,who are citizens of Mississippi,are involved in a case related to the adoption of their child.Over this case,Mississippi state courts have​ 

A) ​concurrent jurisdiction with federal courts. 
B) ​concurrent jurisdiction with other state courts. 
C) ​exclusive jurisdiction. 
D) ​no jurisdiction.

Question 48

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint.The complaint should include a statement alleging the facts establishing​ 

A) ​an explanation to refute any defense Open Pit might assert. 
B) ​a motion for summary judgment. 
C) ​a motion to dismiss. 
D) ​Mountain's basis for relief.

Question 49

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​ 

A) ​the answer. 
B) the complaint.​ 
C) ​the writ of certiorari. 
D) ​the summons.

Question 50

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is a​ 

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

Question 51

Olivia,a citizen of Nebraska,wants to file a suit against Micah,a citizen of Kansas.Their diversity of citizenship may be a basis for​ 

A) ​no court to exercise jurisdiction. 
B) ​a federal court to exercise original jurisdiction. 
C) ​a state court to exercise appellate jurisdiction. 
D) ​the United States Supreme Court to refuse jurisdiction.

Question 52

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint.The complaint should include​ 

A) ​an explanation of the proof to be offered at trial. 
B) ​a statement refuting any defense that the defendant might assert. 
C) ​a motion for judgment on the pleadings. 
D) ​a statement alleging the facts showing the court has jurisdiction.

Question 53

Martin files a suit against Nichelle in a state court over an employment contract.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court.After the state's highest court's review of Martin v.Nichelle,a party can appeal the decision to the United States Supreme 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 54

All Bikes,Inc.,a firm in Wisconsin,advertises on the Web.A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​ 

A) ​did substantial business with Ohio residents over the Internet. 
B) ​interacted with any Ohio resident through its Web site. 
C) ​only engaged in passive advertising on the Web. 
D) ​suddenly removed its ad from the Internet.

Question 55

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​ 

A) ​the case is being heard for the first time. 
B) the court has a unique method of deciding whether to hear a case.​ 
C) ​the court has unusual procedural rules. 
D) ​the subject matter of the suit is interesting and new.

Question 56

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pecan Corp.is heard in an appellate court.The difference between a trial and an appellate court is whether​ 

A) ​a trial is being held. 
B) ​the court is appealing. 
C) ​the parties question how the law applies to their dispute. 
D) ​the subject matter of the case involves complex facts.

Question 57

Destiny and Enzo engage in a business transaction.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.If Enzo files a motion to dismiss,he is asserting that​ 

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

Question 58

Sofia files a suit against Turista Airlines,Inc.Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts.Turista supports this response with witnesses' sworn statements.This is a​​ 

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

Question 59

Neville files a suit against Olina.If Olina fails to respond,​ 

A) Neville must appeal the case to a different court.​ 
B) ​Olina's failure to respond will be considered a denial. 
C) ​Neville will not be awarded a remedy. 
D) Olina will have a default judgment entered against her.​

Question 60

Isabel and Josh engage in a business transaction that leads to a dispute.Isabel initiates a lawsuit against Josh by filing a complaint.The sheriff serves Josh with a summons.If Josh chooses to ignore it,​ 

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

Question 61

Service Employees International Union and Timberline Products,Inc.,have their dispute resolved in arbitration.The arbitrator arbitrates issues that the parties did not agree to submit to arbitration.This is a ground for a court to​ 

A) ​none of the choices. 
B) ​review the merits of the dispute. 
C) ​review the sufficiency of the evidence. 
D) ​set aside the award.

Question 62

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC appeals the court's decision,asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff.Therefore,argues BSC,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 63

Tech Performance,Inc.,completes programming and other tech services for Uno IT Products Corporation.When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed.Uno IT announces to the media that the crash was due to Tech Performance's incompetence and files a complaint in a federal court against the firm.What are Tech Performance's options in response?​

Question 64

Raylene files a suit against Travis.If this suit is like most cases,it will be​ 

A) ​dismissed during a trial. 
B) ​settled before a trial. 
C) ​resolved only after a trial. 
D) ​transferred to a higher court.

Question 65

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet.They agree to resolve their dispute in Come2Terms.com,an online forum.Like most online forums,Come2Terms.com applies 

A) ​general, universal legal principles. 
B) the provisions of the Federal Arbitration Act.​ 
C) ​jurisprudence developed by the United Nations. 
D) ​the law of California (or another specific U.S. jurisdiction).

Question 66

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision,they will have used the method of​ 

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

Question 67

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss might prefer to use the alternative dispute resolution method of​ 

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

Question 68

First Community Credit Union and General Hydraulics.Inc.,have their dispute resolved in arbitration.Before determining the award,the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present.If this meeting substantially prejudices General Hydraulics' rights,a court will most likely​ 

A) ​compel arbitration. 
B) ​review the merits of the dispute. 
C) ​review the sufficiency of the evidence. 
D) ​set aside any award.

Question 69

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts 

A) ​not at all. 
B) ​until the ODR service has issued a decision. 
C) ​with respect to any dispute arising between them. 
D) ​with respect to this dispute only.

Question 70

Farmers Pantry Products Inc.and Market Grocers LLC dispute a term in their contract.If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue,they may prefer to settle their dispute through mediation because​​ 

A) ​the case will be heard by a 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 71

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration.The arbitrator's decision is called​ 

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

Question 72

Lorena files a suit against Milton.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party suggests or proposes a resolution,which the parties may or may not decide to adopt.This is​ 

A) ​arbitration. 
B) ​mediation. 
C) ​negotiation. 
D) ​not a legitimate form of dispute resolution.