Deck 2: Traditional and Online 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 summary judgment is granted only if there is no genuine question of law.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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 8

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

Question 9

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

Question 10

Federal courts are superior to state courts.

Question 11

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

Question 12

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

Question 13

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 14

State courts are independent of federal courts.

Question 15

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

Question 16

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

Question 17

A federal case typically originates in a federal district court.

Question 18

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

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

Cyberspace is its own jurisdiction.

Question 21

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

Question 22

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

Question 23

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 24

Mandatory arbitration clauses in employment contracts are not enforceable.

Question 25

Don files a suit against Eager Sales,Inc. ,in a Florida state court based on a Web site through which Florida residents can do business with Eager.The court will likely exercise jurisdiction over Eager 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 26

Negotiation is the most complex form of alternative dispute resolution.

Question 27

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

Question 28

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

Question 29

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 30

In mediation,the mediator may propose a solution that includes com?promises necessary for the parties to reach an agreement.

Question 31

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 32

Leo,a resident of Missouri,owns a warehouse in Nebraska.He becomes involved in a dispute 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 33

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

Question 34

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

Question 35

Harry,a resident of Indiana,has an accident involving 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 36

Any judgment is enforceable.

Question 37

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

Question 38

No court requires mediation before a case goes to trial.

Question 39

An arbitrator can never render a legally binding decision.

Question 40

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

Question 41

The case of Able,Inc.v.Baker is heard in a Connecticut trial court.The case of Charlie v.Delta,Inc.is heard in a Connecticut appellate court.The difference be?tween trial and ap?pellate courts is whether

A)a new trial is being conducted.
B)the court is exercising a new type of jurisdiction.
C)the parties' legal arguments are persuasive.
D)the subject matter of a case involves complex facts.

Question 42

Carol files a suit against Delta Corporation.Delta 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.Delta 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 43

In Ed's suit against First National Bank,the discovery phase would in?clude 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 44

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 45

Cody wants to appeal his case against Digital Corporation to the United States Supreme Court.Cody must ask the Court to issue a writ of

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

Question 46

Fact Pattern 2-1
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 47

Fact Pattern 2-2
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 48

Maizie files a suit against NuProducts,Inc.NuProducts responds that even if Maizie's statement of the facts is true,according to the law NuProducts 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 49

Fact Pattern 2-1
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 time to file an amended complaint.
B)Mack will have a judgment entered in his favor.
C)Nancy will be given time to file another response.
D)Nancy will have a judgment entered in her favor.

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

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 52

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 53

Sid files a suit against Tina.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 54

In Federated Corporation's suit against Great Stores,Inc. ,the jury re?turns a verdict in Federated's favor.Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings.This is a mo?tion 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 55

Fact Pattern 2-1
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 may be 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 56

Fact Pattern 2-2
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 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 57

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 funds for the breach.This is

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

Question 58

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 59

Fact Pattern 2-1
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 60

Fact Pattern 2-1
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 time to file an amended complaint.
B)Mack will have a judgment entered in his favor.
C)Nancy will be given time to file another response.
D)Nancy will have a judgment entered in her favor.

Question 61

Fact Pattern 2-3
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 62

Betty files a suit against Carly.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 63

Delta Stores,Inc. ,files a suit in a state court against Electra Computer Corporation,alleging that Electra 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,Electra files a motion for a directed verdict,and both parties file motions for summary judgment.When and for what pur?pose are each of these motions made?

Question 64

Jim files a suit against Kino.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a neutral third party who renders a legally binding decision.This is

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

Question 65

Molly files a suit against Nick.They meet,and each party's at?torney ar?gues the party's case before a judge and jury.The jury renders an advi?sory ver?dict,after which the judge meets with the parties to en?courage them to set?tle their dispute.This is

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

Question 66

Ace Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC 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 BSC,the appellate court should reverse the trial court's de?ci?sion.Is the appellate court likely to reverse the trial court's findings with re?spect to the facts? If not,why not? What are an appellate court's options after reviewing a case?

Question 67

Necessity Consumer Goods Corporation and Olive 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.

Question 68

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 69

Fact Pattern 2-3
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 70

Transnational Corporation and United Shipping,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 71

Dick submits his claim against EZ Sales 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.
C)EZ only.
D)neither Dick nor EZ.

Question 72

Fact Pattern 2-3
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.