Question 1

A(n) clause provides that any disputes arising under the contract will be resolved by arbitration and generally explains how the arbitration will be handled.

Accepted Answer

A)  arbitration 
B)  settlement 
C)  dispute 
D)  negotiation

Question 2

Appellate courts primarily determine questions of

Accepted Answer

A)  law. 
B)  law and fact. 
C)  fact. 
D)  All of these choices are correct.

Question 3

A court that reviews decisions made by lower courts, such as trial courts, is called a(n)

Accepted Answer

A)  probate 
B)  appellate 
C)  bankruptcy 
D)  None of these choices is correct.

Question 4

Which of the following is true regarding subject-matter jurisdiction?

Accepted Answer

A)  It allows a court to exercise personal jurisdiction over residents of a certain geographic area. 
B)  It allows a court to exercise jurisdiction over property that is located within its boundaries. 
C)  It is a limitation on the types of cases a court can hear. 
D)  With the use of a long-arm statute, it allows a court to exercise personal jurisdiction over nonresidents.

Question 5

In rem jurisdiction means

Accepted Answer

A)  "jurisdiction over the thing." 
B)  "jurisdiction in law." 
C)  "to speak the law." 
D)  "jurisdiction of subject."

Question 6

The U.S. district courts have jurisdiction over which cases?

Accepted Answer

A)  Federal question cases 
B)  Diversity-of-citizenship cases 
C)  Federal criminal law cases 
D)  All of these choices are correct.

Question 7

States have exclusive jurisdiction in which of the following subject matters?

Accepted Answer

A)  Divorce 
B)  Adoptions 
C)  Bankruptcy 
D)  Divorce and adoptions 
E)  Divorce and bankruptcy

Question 8

Courts with limited subject-matter jurisdiction are often called

Accepted Answer

A)  minor courts. 
B)  inferior trial courts. 
C)  little courts. 
D)  minor courts or inferior trial courts.

Question 9

In a , each party's attorney briefly argues the party's case before representatives of each firm who have the authority to settle the dispute.

Accepted Answer

A)  early neutral case evaluation 
B)  binding mediation 
C)  mini-trial 
D)  probate court

Question 10

"Jurisdiction" is literally translated as

Accepted Answer

A)  "the power to speak the law." 
B)  "the right to speak." 
C)  "the right to decide." 
D)  "the right to be heard."

Question 11

permits a state to obtain jurisdiction over nonresident defendants, as long as the defendants have "minimum contacts" with the state.

Accepted Answer

A)  Jurisdiction 
B)  A long-arm statute 
C)  Venue 
D)  Standing to sue

Question 12

Cases involving may arise between citizens of different states.

Accepted Answer

A)  diversity of citizenship 
B)  federal questions 
C)  diversity of ethnicity 
D)  All of these choices are correct.

Question 13

The Internet's existence outside of political boundaries adds new complications to which issue?

Accepted Answer

A)  Personal jurisdiction 
B)  Original jurisdiction 
C)  Appellate jurisdiction 
D)  Federal-question jurisdiction

Question 14

is a method of settling disputes outside of court by using the services of a neutral third party who acts as a communicating agent between the parties. This method is less formal than arbitration.

Accepted Answer

A)  ADR 
B)  Negotiation 
C)  Settlement agreement 
D)  Mediation

Question 15

A child's parent has standing to sue if his or her child is injured by a defectively manufactured toy because

Accepted Answer

A)  the child is a blood relative. 
B)  the child is a minor. 
C)  the parent loves the child 
D)  None of these choices is correct.

Question 16

is a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.

Accepted Answer

A)  Negotiation 
B)  Mediation 
C)  Arbitration 
D)  Mini-trial

Question 17

In which form of arbitration does each side present its arguments and supporting evidence before a jury whose verdict will act as a guide to reaching an agreement?

Accepted Answer

A)  Early neutral case evaluation 
B)  Mediation arbitration 
C)  Mini-trial 
D)  Summary jury trial 
E)  None of these choices is correct.

Question 18

Megan is injured in a car accident when her brakes fail. Her friend MaryElise is very upset and decides to sue the car manufacturer. MaryElise cannot do this because she does not have

Accepted Answer

A)  standing to sue. 
B)  a moral obligation to Megan. 
C)  right of suit. 
D)  jurisdiction.

Question 19

Which of the following is a legal error at the trial court level that is significant enough to have affected the outcome of the case?

Accepted Answer

A)  Procedural error 
B)  Litigation error 
C)  Reversible error 
D)  Appellate error

Question 20

Examples of courts of limited jurisdiction include which of the following?

Accepted Answer

A)  Small claims court 
B)  Domestic relations court 
C)  Municipal court 
D)  All of these choices are correct.

Exam 6: The Court System and Alternative Dispute Resolution