Question 1

Fact Pattern 2-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

Accepted Answer

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 2

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

Accepted Answer

A) True 
 B)False

Question 3

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

Accepted Answer

A) not at all. 
B) until the ODR service has issued a decision. 
C) with respect to any dispute arising between them. 
D) with respect to this dispute only.

Question 4

Mediation is adversarial in nature.

Accepted Answer

A) True 
 B)False

Question 5

Kit loses her suit against Lou in a Minnesota state trial court.Kit appeals to the state court of appeals and loses again.Kit would appeal next to

Accepted Answer

A) a U.S.district court. 
B) the Minnesota Supreme Court. 
C) the United States Supreme Court. 
D) the U.S.Court of Appeals for the Eighth Circuit.

Question 6

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

Accepted Answer

A) True 
 B)False

Question 7

Discount Mart, Inc., files a suit in a state court against Elements Computer Corporation, alleging that Elements breached a contract to sell 500 notebook computers to Discount.During the course of the suit, Discount files a motion for judgment on the pleadings, Elements files a motion for a directed verdict, and both parties file motions for summary judgment.When and for what purpose are each of these motions made

Accepted Answer

The answer of Discount Mart, Inc., files a suit in...

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Venue is the term for the subject matter of a case.

Accepted Answer

A) True 
 B)False

Question 11

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 money for the breach.This is

Accepted Answer

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

Question 12

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor.Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor.This is a motion for

Accepted Answer

A) a judgment in accordance with the verdict. 
B) a judgment on the pleadings. 
C) a new trial. 
D) judgment n.o.v.

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.

Accepted Answer

A) True 
 B)False

Question 14

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

Accepted Answer

A) True 
 B)False

Question 15

To prepare for a trial between Large Lots Development Corporation (LLDC)and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath.A court reporter makes a record of the attorney's questions and the officer's answers.This is

Accepted Answer

A) a cross-examination. 
B) a deposition. 
C) a violation of the law. 
D) an interrogatory.

Question 16

The United States Supreme Court has appellate authority over some cases decided in the state courts.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with general jurisdiction.In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank.The difference between general and limited jurisdiction is

Accepted Answer

A) the subject matter of the cases that the courts can decide. 
B) whether a case is being heard for the first time. 
C) whether a suit is filed against a single individual or many people. 
D) whether a suit is filed by a citizen or by a business.

Question 19

Jo files a suit against Lara in a Missouri state court.Lara's only connection to Missouri is an ad on the Web originating in Nebraska.For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

Accepted Answer

A) a commercial cyber presence in Missouri. 
B) conducted substantial business with Missouri residents. 
C) general maximum contact with Missouri. 
D) solicited virtual business in Missouri.

Question 20

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

Accepted Answer

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.

Exam 3: Courts and Alternative Dispute Resolution

Fact Pattern 2-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

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

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

Mediation is adversarial in nature.

Kit loses her suit against Lou in a Minnesota state trial court.Kit appeals to the state court of appeals and loses again.Kit would appeal next to

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

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

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

Venue is the term for the subject matter of a case.

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 money for the breach.This is

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor.Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor.This is a motion for

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.

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC) , MMCC's attorney places LLDC's president under oath.A court reporter makes a record of the attorney's questions and the officer's answers.This is

The United States Supreme Court has appellate authority over some cases decided in the state courts.

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

Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with general jurisdiction.In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank.The difference between general and limited jurisdiction is

Jo files a suit against Lara in a Missouri state court.Lara's only connection to Missouri is an ad on the Web originating in Nebraska.For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

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