Question 1

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

Accepted Answer

A)  appellate jurisdiction. 
B)  general jurisdiction. 
C)  limited jurisdiction. 
D)  no jurisdiction.

Question 2

A decision on a question of state law is final when

Accepted Answer

A)  an issue of federal law is involved. 
B)  the United States Supreme Court rules on it. 
C)  the state's highest court make the decision. 
D)  a U.S. magistrate judge decides the case.

Question 3

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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.

Question 6

Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.

Accepted Answer

A) True 
 B)False

Question 7

Liz and Moss disagree over the amount due under their contract. To avoid involving a 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 8

A federal court will apply federal law in a case involving a federal question.

Accepted Answer

A) True 
 B)False

Question 9

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Accepted Answer

A)  any of the choices. 
B)  litigate it. 
C)  settle it between themselves. 
D)  resolve it through an alternative method, such as arbitration.

Question 10

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

Accepted Answer

A)  venue. 
B)  exclusive jurisdiction. 
C)  standing to sue. 
D)  minimum contacts.

Question 11

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

Accepted Answer

A)  judicial review. 
B)  voir dire. 
C)  unconstitutional. 
D)  the rule of four.

Question 12

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

Accepted Answer

A) True 
 B)False

Question 13

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.

Accepted Answer

A) True 
 B)False

Question 14

A court's subject-matter jurisdiction may be limited by all of the following except

Accepted Answer

A)  the subject of a lawsuit. 
B)  the sum in controversy. 
C)  whether the proceeding is a trial or an appeal. 
D)  the prior experience of the court in deciding similar disputes.

Question 15

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

Accepted Answer

A) True 
 B)False

Question 16

Juan sued Abram in state court, and lost his case. He immediately appealed to the intermediate level appellate court for his state, where he lost again. After losing again at the state supreme court level, he is so angry that he wants to take his case all the way to the U.S. Supreme Court. Does Juan have the right to have his case heard by the U.S. Supreme Court? What is the procedure he would use to get the U.S. Supreme Court to hear his case?

Accepted Answer

The answer of Juan sued Abram in state court, and...

Question 17

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

Accepted Answer

A) True 
 B)False

Question 18

A mandatory arbitration clause in an employment contract may not be enforced if

Accepted Answer

A)  the arbitration rules and procedures are unfair to one of the parties. 
B)  the parties did not specify limits to the disputes that may be submitted. 
C)  the relevant arbitration statute does not exclude the claim in dispute. 
D)  a party who agreed to the clause later opposes arbitration.

Question 19

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Accepted Answer

A) True 
 B)False

Question 20

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

Accepted Answer

A)  arbitration. 
B)  mediation. 
C)  negotiation. 
D)  early neutral case evaluation.

Exam 4: Courts and Alternative Dispute Resolution

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

A decision on a question of state law is final when

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings.

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

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

Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

A federal court will apply federal law in a case involving a federal question.

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.

A court's subject-matter jurisdiction may be limited by all of the following except

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

A mandatory arbitration clause in an employment contract may not be enforced if

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is