Question 1

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for

Accepted Answer

A)  no court to exercise jurisdiction. 
B)  a federal court to exercise original jurisdiction. 
C)  ​a state court to exercise appellate jurisdiction. 
D)  the United States Supreme Court to refuse jurisdiction.

Question 2

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference be-tween a trial and an appellate court is whether

Accepted Answer

A)  a trial is being held. 
B)  the court is appealing. 
C)  the parties question how the law applies to their dispute. 
D)  the subject matter of the case involves complex facts.

Question 3

In a few states, in suits brought in small claims courts, lawyers are not allowed.

Accepted Answer

A) True 
 B)False

Question 4

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

Accepted Answer

A)  the answer. 
B)  the complaint. 
C)  the writ of certiorari. 
D)  the summons.

Question 5

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an on-line forum. Like most online forums, Come2Terms.com applies

Accepted Answer

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 6

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness relationship that they would like to continue, they may prefer to settle their dispute through mediation because

Accepted Answer

A)  the case will be heard by a 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 7

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

Accepted Answer

A)  the case is being heard for the first time. 
B)  the court has a unique method of deciding whether to hear a case. 
C)  the court has unusual procedural rules. 
D)  the subject matter of the suit is interesting and new.

Question 8

Carol files a suit against Andy in a state trial court and loses. Carol

Accepted Answer

A)  cannot take her case any higher in the court system. 
B)  can insist that the United States Supreme Court hear her case. 
C)  can plead her case before an appellate court. 
D)  can plead her case before a small claims court.

Question 9

Service Employees International Union and Timberline Products, Inc., have their dis-pute resolved in arbitration. The arbitrator arbitrates 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)  review the merits of the dispute. 
C)  review the sufficiency of the evidence. 
D)  set aside the award.

Question 10

An appellate court can reverse the decision of a trial court that erred.

Accepted Answer

A) True 
 B)False

Question 11

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

Accepted Answer

A)  counterclaim. 
B)  motion for judgment on the pleadings. 
C)  motion for summary judgment. 
D)  ​motion to dismiss.

Question 12

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called

Accepted Answer

A)  a conclusion of law. 
B)  a finding of fact. 
C)  an award. 
D)  a verdict.

Question 13

Mary 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 an appellate court. After the state's highest court's review of Maryv. Nichelle, a party can appeal the decision to the United States Supreme Court if

Accepted Answer

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 14

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Accepted Answer

A) True 
 B)False

Question 15

Only a defendant may file a motion for summary judgment.

Accepted Answer

A) True 
 B)False

Question 16

A motion for summary judgment may be made before, during, or after a trial.

Accepted Answer

A) True 
 B)False

Question 17

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

Accepted Answer

A)  concurrent jurisdiction with federal courts. 
B)  concurrent jurisdiction with other state courts. 
C)  ​exclusive jurisdiction. 
D)  no jurisdiction.

Question 18

In mediation, the mediator proposes a solution and makes a decision resolving the dispute.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Neville files a suit against Olina. If Olina fails to respond,

Accepted Answer

A)  Neville must appeal the case to a different court. 
B)  Olina's failure to respond will be considered a denial. 
C)  Neville will not be awarded a remedy. 
D)  Olina will have a default judgment entered against her.

Exam 3: Courts and Alternative Dispute Resolution

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference be-tween a trial and an appellate court is whether

In a few states, in suits brought in small claims courts, lawyers are not allowed.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an on-line forum. Like most online forums, Come2Terms.com applies

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness relationship that they would like to continue, they may prefer to settle their dispute through mediation because

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

Carol files a suit against Andy in a state trial court and loses. Carol

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

An appellate court can reverse the decision of a trial court that erred.

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Only a defendant may file a motion for summary judgment.

A motion for summary judgment may be made before, during, or after a trial.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

In mediation, the mediator proposes a solution and makes a decision resolving the dispute.

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

Neville files a suit against Olina. If Olina fails to respond,