Deck 2: B: Courts and Alternative Dispute Resolution

Question 1

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

Answer 1

False

Question 2

The United States Supreme Court has original jurisdiction in rare instances.

Answer 2

True

Question 3

Alternative dispute resolution refers to any method for resolving a dis?pute outside the court system.

Answer 3

True

Question 4

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Question 5

Arbitration that is mandated by the courts is often binding on the parties.

Question 6

Diversity of citizenship cases are only those arising between citizens of different states.

Question 7

In early neutral case evaluation,a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

Question 8

A court will review a contract for validity even if it contains an arbitration clause.

Question 9

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

Question 10

Negotiation traditionally involves just the parties to a dispute without their attorneys.

Question 11

A justiciable controversy is a case in which the court's decision-the "jus?tice" that will be served-will be controversial.

Question 12

In some states,lawyers are not allowed to represent people in small claims courts.

Question 13

No court offers mediation as an option before a case goes to trial.

Question 14

Federal courts are superior to state courts.

Question 15

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

Question 16

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

Question 17

Negotiation is the most complex form of alternative dispute resolution.

Question 18

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

Question 19

A federal case typically originates in a state court.

Question 20

Most online dispute resolution services apply general,universal legal principles to resolve disputes.

Question 21

Inferior Company,which is based on South Carolina,makes and sells prod?ucts that are poorly made.Jack,who is a resident of North Carolina,buys an Inferior product and suffers an injury through its use.The diversity of citi?zenship between these parties means that

A)federal and state courts have concurrent jurisdiction.
B)federal courts have exclusive jurisdiction.
C)no court has jurisdiction.
D)state courts have exclusive jurisdiction.

Question 22

Vince files a suit against Will.Vince and Will meet,and each party's at?torney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to en?courage them to settle their dispute.This is

A)court-ordered arbitration.
B)early neutral case evaluation.
C)a mini-trial.
D)a summary jury trial.

Question 23

Eden Property Sales Corporation and Dion agree to re?solve their dispute in arbitration.The arbitrator's decision is called

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

Question 24

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

A)federal courts of appeals.
B)federal district courts.
C)state trial courts.
D)the United States Supreme Court.

Question 25

The Ohio state legislature passes a law to regulate local delivery serv?ices.The final authority regarding the constitutionality of this law is

A)the judicial system.
B)the president of the United States.
C)the governor of Ohio.
D)the U.S.Congress.

Question 26

Shelly and Tom disagree over the amount of money due under their con?tract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of

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

Question 27

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an on?line forum.Like most online forums,2BRNot2B.com applies

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 28

Rolf,a citizen of New Mexico,wants to file a suit against Sandy,a citizen of Texas.Their diversity of citizenship may be a basis for

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 29

Ginger wants to file a suit against Fred.For a court to hear the case

A)Fred must agree.
B)the court must have jurisdiction.
C)the parties must have no minimum contact with each other.
D)the parties must own property.

Question 30

Fact Pattern 2-A1
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-A1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the ad?vantages of

A)arbitration.
B)conciliation.
C)intervention.
D)mediation.

Question 31

Inferior Company sells products that are poorly made.Jock,who has never bought an Inferior product,files a suit against Inferior,alleging that its products are defective.The firm's best ground for dis?missal of the suit is that Jock does not have

A)certiorari.
B)jurisdiction.
C)standing.
D)sufficient minimum contacts.

Question 32

Liu files a suit against Macro Sales,Inc. ,in a New Jersey state court based on a Web site through which New Jersey residents can do busi?ness with Macro.The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

A)a "substantial enough" connection with the state.
B)"downloading" from the state.
C)not connected with the state.
D)"uploading" to the state.

Question 33

Olivia files a suit against Parker.If this suit is like most cases,it will be

A)dismissed during a trial.
B)dismissed or settled before a trial.
C)resolved only after a trial.
D)settled at a trial.

Question 34

Transnational Corporation and UniShip,Inc. ,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju?ris?dic?tion may

A)monitor any arbitration until it concludes.
B)order an arbitrator to rule in a particular way.
C)order a party to bring the dispute to court.
D)order a party to submit to arbitration.

Question 35

Mariah wins her suit against Variety Products Company.Variety's best ground for appeal is the trial court's interpretation of

A)the conduct of the witnesses during the trial.
B)the credibility of the evidence that Mariah presented.
C)the dealings between the parties before the suit.
D)the law that applied to the issues in the case.

Question 36

Boyd files a suit in a federal district court against Cathy.Cathy loses the suit,appeals to the U.S.Court of Appeals for the Second Circuit,and loses again.Cathy asks the United States Supreme Court to hear the case.The Court is

A)not required to hear the case.
B)required to hear the case because Cathy lost in a federal court.
C)required to hear the case because Cathy lost in a lower court.
D)required to hear the case because it is an appeal.

Question 37

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pickled Peppers,Inc. ,is heard in an appellate court.The difference between a trial and an appellate court is whether

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 38

Quik Results,Inc. ,a Maine corporation,makes and sells Power Up!,a weight-gain and muscle-building supplement.Orin,a citizen of New York,sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club.Within ten days of beginning to use Power Up!,Orin suffers internal injuries.Alleging that the injuries are caused by Power Up!,Orin files a suit against Quik in a New York state court.Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik.What is the court most likely to rule and why?

Question 39

Fact Pattern 2-A1
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-A1.The least expensive method to resolve the dis?pute between Java and Kaffe may be

A)arbitration because the case will be heard by a mini-jury.
B)litigation because each party will pay its own legal fees.
C)mediation because the dispute will be resolved by a non-expert.
D)negotiation because no third parties are needed.

Question 40

Fact Pattern 2-A1
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
Refer to Fact Pattern 2-A1.If Java and Kaffe have a long-standing busi?ness relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because

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 41

Elle is walking to work along a sidewalk next to a road.A truck owned by Fast Distribution Company (FDC)strikes and injures Elle,causing her injuries that result in more than $250,000 in medical expenses.Elle is a resident of Georgia,where the accident occurred.FDC has its princi?pal place of business,and is incorporated,in Delaware.In what court may Elle sue FDC?