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Exam 4: Courts and Alternative Dispute Resolution

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Question 1

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A choice-of-law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract.

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False

Question 2

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Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

A) an appellate court.
B) a trial court.
C) a U.S. magistrate's court.
D) a special inferior court.

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verified

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Question 3

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There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.

With respect to international dispute resolution, a domestic court may enforce a foreign court's decision for any of the following reasons except

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

The availability of different remedies is a factor that can affect

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

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? Why or why not? What are an appellate court's options after reviewing a case?

The concept of venue reflects the policy that a court trying a case should

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

Fresh Seafood Inc. and Grocers Market LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because

Ovid wants to file a suit against Petra. For a court to hear the case,

That a favorable court decision will be likely to remedy an injury is an element of standing.

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has