Deck 3: Courts and Alternative Dispute Resolution

Question 1

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

Answer 1

False

Question 2

A counterclaim is raised by a plaintiff against a defendant's response to a complaint.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

A state court can exercise jurisdiction over any property within the boundaries of the state regardless of the property owner's location.

Question 10

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

Question 11

A federal case typically originates in a federal district court.

Question 12

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

Question 13

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

Question 14

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

Question 15

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Question 16

The jurisdiction of a state court of appeal is substantially limited to hearing appeals.

Question 17

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 18

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

Question 19

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

Question 20

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

Question 21

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

Question 22

Any judgment is enforceable.

Question 23

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

Question 24

Mandatory arbitration clauses in employment contracts are not enforceable.

Question 25

Moby,a resident of New Jersey,has an accident with Ogden,a resident of New York,while driving through that state.Ogden files a suit against Moby in New York.Regarding Moby,New York has

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

Question 26

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 question jurisdiction.
B)in personam jurisdiction.
C)in rem jurisdiction.
D)no jurisdiction.

Question 27

Marbled Granite Company files a suit against Natural Stone,Inc.,in a Colorado court with general jurisdiction.In a Delaware court with limited jurisdiction,E-Sales Corporation files a suit against First State Bank.The difference between general and limited jurisdiction is

A)the subject matter of the cases that the courts can decide.
B)whether a case is being heard for the first time.
C)whether a suit is filed against a single individual or many people.
D)whether a suit is filed by a citizen or by a business.

Question 28

Negotiation traditionally involves just the parties to a dispute without their attorneys.

Question 29

Negotiation is the most complex form of alternative dispute resolution.

Question 30

Sam,a citizen of Tennessee,files a suit in a Tennessee state court against United Sales Corporation,a Wyoming company that does business in Tennessee.The court has original jurisdiction,which means that

A)the case is being heard for the first time.
B)the court does not have concurrent jurisdiction.
C)the court has standing.
D)the court has venue.

Question 31

Interrogatories are written questions for which written answers are prepared and signed under oath.

Question 32

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

Question 33

A judge instructs a jury as to the law that applies in a case.

Question 34

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

Question 35

Most online dispute resolution services apply general,universal legal principles to resolve disputes.

Question 36

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

Question 37

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 38

Mediation is adversarial in nature.

Question 39

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

Question 40

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

Question 41

In Ed's suit against First National Bank,the discovery phase would include all of the following except

A)Ed's complaint.
B)Ed's deposition.
C)Ed's requests for First National's admissions.
D)First National's replies to Ed's interrogatories.

Question 42

In Fancy Frills Corporation's suit against Glamour Stores,Inc.,the jury returns a verdict in Fancy's favor.Glamour 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 43

In Restful Motel's suit against Sleepy Hotels,Inc.,the jury returns a verdict in Restful's favor.Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful,a reasonable jury should not have found in its favor.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 44

To prepare for a trial between Large Lots Development Corporation (LLDC)and MiniMansion Construction Company (MMCC),MMCC's attorney places LLDC's president under oath.A court reporter makes a record of the attorney's questions and the officer's answers.This is

A)a cross-examination.
B)a deposition.
C)an imposition.
D)an interrogatory.

Question 45

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 46

Edie files a suit against Frank.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 47

Olsen Grocery Company files a suit against Pickle Products,Inc.Pickle responds that even if Olsen's statement of the facts is true,according to the law Pickle 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 48

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 crosclaim.
C)an affirmative defense.
D)an irrelevant response.

Question 49

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

A)is a decision on the merits with value as a precedent.
B)indicates agreement with the Idaho court's decision.
C)means nothing.
D)means that the Idaho court's decision is the law in Idaho.

Question 50

Sid files a suit against Tina.Before going to trial,the parties,with their attorneys,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 51

Carol files a suit against Downwind Boat Corporation.Downwind 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.Downwind 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 52

Quality Products,Inc.,files a suit against Retail Sales Corporation.Sid is a witness for Quality.Tod is a witness for Retail.Quality may direct interrogatories to

A)Retail only.
B)Retail,Sid,or Tod.
C)Sid only.
D)Sid or Tod only.

Question 53

Jo files a suit against Lara in a Missouri state court.Lara's only connection 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

A)a commercial cyber presence in Missouri.
B)conducted substantial business with Missouri residents.
C)general maximum contact with Missouri.
D)solicited virtual business in Missouri.

Question 54

Emil wants to initiate a suit against Fast Credit Company by filing a complaint.The complaint should include

A)an explanation of the proof to be offered at trial.
B)a motion for judgment n.o.v.
C)a motion for judgment on the pleadings.
D)a statement of the grounds for the court to exercise jurisdiction.

Question 55

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 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 56

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

A)a U.S.district court.
B)the Minnesota Supreme Court.
C)the United States Supreme Court.
D)the U.S.Court of Appeals for the Eighth Circuit.

Question 57

Inferior Company sells products that are poorly made.Jack,who has never bought an Inferior product,files a suit against the company,alleging that its products are defective.The firm's best ground for dismissal of the suit is that Jack does not have

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

Question 58

Betty files a suit against Carl.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 59

Ula wants to initiate a suit against Valley Farms by filing a complaint.The complaint should include

A)an explanation to refute any defense the defendant might assert.
B)a motion for summary judgment.
C)a motion to dismiss.
D)a statement of the facts necessary to show Ula is entitled to relief.

Question 60

During the trial phase of Fuel Corporation's suit against Gas Stations,Inc.,their attorneys engage in voir dire.This is

A)the assessment of the arguments on the issues.
B)the determination of the issues to be argued.
C)the litigation of the issues and arguments.
D)the selection of jurors.

Question 61

National Consumer Goods Corporation and Paula Purchaser agree to resolve 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.

Question 62

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction 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 63

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 online forum.Like most online forums,2BRNot2B.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 64

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 65

Refer to Fact Pattern 3-1.The least expensive method to resolve the dispute 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 66

Jim files a suit against Kay.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 67

Owen,in Pennsylvania,and Quik Jobs,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

A)do nothing.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside the award.

Question 68

Refer to Fact Pattern 3-1.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of settling 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 69

Refer to Fact Pattern 3-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

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

Question 70

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)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 71

Discount Mart,Inc.,files a suit in a state court against Elements Computer Corporation,alleging that Elements breached a contract to sell 500 notebook computers to Discount.During the course of the suit,Discount files a motion for judgment on the pleadings,Elements 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 72

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

A)for any commercial matter.
B)for no commercial matter.
C)only after a dispute arises.
D)only before a dispute arises.