Question 1

Quint files a suit against Ranchland Corporation.Ranchland believes that even if Quint's statement of the facts is true,according to the law Ranchland is not liable.Ranchland should

Accepted Answer

A)  ask for a deposition. 
B)  seek an admission of the truth of the matter relating to the trial. 
C)  issue a summary judgment. 
D)  file a motion to dismiss.

Question 2

The minimum-contacts requirement is met if a corporation does such substantial business that it is "at home" in a state.

Accepted Answer

A) True 
 B)False

Question 3

Jurors must decide a case based only on the information that they learn during the trial.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)  none of the choices. 
B)  dismiss the dispute. 
C)  review the record of the case. 
D)  set aside the award.

Question 5

For purposes of diversity jurisdiction,a corporation is not considered a citizen of any particular state.

Accepted Answer

A) True 
 B)False

Question 6

Quarry Mining Inc.and Riverside Vineyards agree to resolve a dispute in arbitration.The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present.If this substantially prejudices Riverside's rights,a court will most likely

Accepted Answer

A)  dismiss the dispute. 
B)  review the record of the case. 
C)  file a complaint against the arbitrator. 
D)  set aside any award.

Question 7

A judicial decision on the constitutionality of an executive order that limits certain state actions is

Accepted Answer

A)  beyond the jurisdiction of the courts. 
B)  a question of fact. 
C)  a summary judgment. 
D)  the power of judicial review.

Question 8

Honi is not a resident of Iowa although her website can be accessed by residents of that state.Jean files a suit against Honi in an Iowa state court.The court is most likely to have jurisdiction over Honi if Jean's claim arises from

Accepted Answer

A)  minimum contacts between Honi and any Iowa resident. 
B)  substantial business between Jean and Honi through Honi's website. 
C)  no interactivity between Honi and any Iowa resident through Honi's website. 
D)  the Internet's capacity to bypass boundaries.

Question 9

In a suit by Citizens Conservation Organization (CCO)against Deep Mining Inc. ,CCO serves a written request for the defendant to admit the truth of matters relating to the trial.Deep Mining's admission in response

Accepted Answer

A)  conclusively establishes the matter for trial. 
B)  completely absolves the defendant of the issue in question. 
C)  is the basis for a default judgment in the plaintiff's favor. 
D)  is irrelevant.

Question 10

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 the state's highest court.After that court's review of Martin v.Nichelle,a party can appeal the decision to the United States Supreme Court if

Accepted Answer

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

Question 11

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 could resolve their dispute through

Accepted Answer

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

Question 12

Shippers Warehouse initiates a suit against Trans-State Trucking (TST)by filing a complaint.If TST files a motion to dismiss,the firm is asserting that

Accepted Answer

A)  even if the facts in the complaint are true,TST is not legally liable. 
B)  the facts in the complaint are not true. 
C)  even if TST is legally liable,Shippers Warehouse cannot prove it. 
D)  if the facts are true,Shippers Warehouse has a right to judicial relief.

Question 13

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Accepted Answer

A) True 
 B)False

Question 14

Negotiation requires the use of a neutral third party to facilitate a settlement.

Accepted Answer

A) True 
 B)False

Question 15

In a case based on diversity of citizenship,a federal court will apply the relevant state law.

Accepted Answer

A) True 
 B)False

Question 16

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? Why or why not? What are an appellate court's options after reviewing a case?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

Question 17

An appellate court will not challenge a trial court's finding of fact,even if the finding is clearly erroneous.

Accepted Answer

A) True 
 B)False

Question 18

Grain Farms,Inc. ,files a suit against Harvest Services.Before the court can exercise jurisdiction over Harvest,the court must have proof that

Accepted Answer

A)  Grain Farms is prepared to notify Harvest of the suit. 
B)  Grain Farms did not act to precipitate a dispute with Harvest. 
C)  Harvest committed the act of which Grain Farms complains. 
D)  Harvest was notified of the suit.

Question 19

A default judgment is a judgment entered by a court against neither party to a case.

Accepted Answer

A) True 
 B)False

Question 20

Jill and Kane,with their attorneys,meet to try to resolve a dispute.A neutral third party works with both sides and proposes a solution,but does not make a decision resolving the matter.This is

Accepted Answer

A)  arbitration. 
B)  mediation. 
C)  negotiation. 
D)  none of the choices.

Exam 2: Courts and Alternative Dispute Resolution

Quint files a suit against Ranchland Corporation.Ranchland believes that even if Quint's statement of the facts is true,according to the law Ranchland is not liable.Ranchland should

The minimum-contacts requirement is met if a corporation does such substantial business that it is "at home" in a state.

Jurors must decide a case based only on the information that they learn during the trial.

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

For purposes of diversity jurisdiction,a corporation is not considered a citizen of any particular state.

Quarry Mining Inc.and Riverside Vineyards agree to resolve a dispute in arbitration.The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present.If this substantially prejudices Riverside's rights,a court will most likely

A judicial decision on the constitutionality of an executive order that limits certain state actions is

Honi is not a resident of Iowa although her website can be accessed by residents of that state.Jean files a suit against Honi in an Iowa state court.The court is most likely to have jurisdiction over Honi if Jean's claim arises from

In a suit by Citizens Conservation Organization (CCO) against Deep Mining Inc. ,CCO serves a written request for the defendant to admit the truth of matters relating to the trial.Deep Mining's admission in response

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 could resolve their dispute through

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint.If TST files a motion to dismiss,the firm is asserting that

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Negotiation requires the use of a neutral third party to facilitate a settlement.

In a case based on diversity of citizenship,a federal court will apply the relevant state law.

An appellate court will not challenge a trial court's finding of fact,even if the finding is clearly erroneous.

Grain Farms,Inc. ,files a suit against Harvest Services.Before the court can exercise jurisdiction over Harvest,the court must have proof that

A default judgment is a judgment entered by a court against neither party to a case.

Jill and Kane,with their attorneys,meet to try to resolve a dispute.A neutral third party works with both sides and proposes a solution,but does not make a decision resolving the matter.This is