Question 1

In most states, in suits brought in small claims courts, lawyers are allowed.​

Accepted Answer

A) True 
 B)False

Question 2

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​

Accepted Answer

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

Question 3

Hope wants to file a suit against Gerry. For a court to hear the case,​

Accepted Answer

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

Question 4

Negotiation can involve the parties to a dispute and their attorneys.​

Accepted Answer

A) True 
 B)False

Question 5

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is​

Accepted Answer

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

Question 6

Litigation is the process of resolving a dispute through the court system.​

Accepted Answer

A) True 
 B)False

Question 7

States do not have exclusive jurisdiction on any matter.​

Accepted Answer

A) True 
 B)False

Question 8

Early neutral case evaluation refers to the resolution of a case before the dispute becomes contentious, when the parties' positions are said to be "neutral."​

Accepted Answer

A) True 
 B)False

Question 9

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​

Accepted Answer

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

Question 10

The role of the courts is to interpret and apply the laws.​

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

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

Question 12

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 between 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 13

Arbitration that is mandated by a court is often binding on the parties.​

Accepted Answer

A) True 
 B)False

Question 14

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 15

Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may​

Accepted Answer

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 16

In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet.​

Accepted Answer

A) True 
 B)False

Question 17

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to​

Accepted Answer

A)   ​the American Arbitration Association.
B)   ​the North Dakota Supreme Court.
C)   ​the United States Supreme Court.
D)   ​the U.S. Court of Appeals for the Eighth Circuit.

Question 18

A state case typically originates in a federal court.​

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia​

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 2: Courts and Alternative Dispute Resolution

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

Correct AnswerverifiedShow Answer

Arbitration that is mandated by a court is often binding on the parties.​

Correct AnswerverifiedShow Answer

Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may​

Correct AnswerverifiedShow Answer

In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet.​

Correct AnswerverifiedShow Answer

States do not have exclusive jurisdiction on any matter.​

Correct AnswerverifiedShow Answer

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​

Correct AnswerverifiedShow Answer

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​

Correct AnswerverifiedShow Answer

Hope wants to file a suit against Gerry. For a court to hear the case,​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

A state case typically originates in a federal court.​

Correct AnswerverifiedShow Answer

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is​

Correct AnswerverifiedShow Answer

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 between a trial and an appellate court is whether​

Correct AnswerverifiedShow Answer

Negotiation can involve the parties to a dispute and their attorneys.​

Correct AnswerverifiedShow Answer

In most states, in suits brought in small claims courts, lawyers are allowed.​

Correct AnswerverifiedShow Answer

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to​

Correct AnswerverifiedShow Answer

Litigation is the process of resolving a dispute through the court system.​

Correct AnswerverifiedShow Answer

The role of the courts is to interpret and apply the laws.​

Correct AnswerverifiedShow Answer

Early neutral case evaluation refers to the resolution of a case before the dispute becomes contentious, when the parties' positions are said to be "neutral."​

Correct AnswerverifiedShow Answer

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

Correct Answer
verified

Arbitration that is mandated by a court is often binding on the parties.

Correct Answer
verified

Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may

Correct Answer
verified

In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet.

Correct Answer
verified

States do not have exclusive jurisdiction on any matter.

Correct Answer
verified

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

Correct Answer
verified

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia

Correct Answer
verified

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

Correct Answer
verified

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have

Correct Answer
verified

Hope wants to file a suit against Gerry. For a court to hear the case,

Correct Answer
verified

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

Correct Answer
verified

A state case typically originates in a federal court.

Correct Answer
verified

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is

Correct Answer
verified

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 between a trial and an appellate court is whether

Correct Answer
verified

Negotiation can involve the parties to a dispute and their attorneys.

Correct Answer
verified

In most states, in suits brought in small claims courts, lawyers are allowed.

Correct Answer
verified

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to

Correct Answer
verified

Litigation is the process of resolving a dispute through the court system.

Correct Answer
verified

The role of the courts is to interpret and apply the laws.

Correct Answer
verified

Early neutral case evaluation refers to the resolution of a case before the dispute becomes contentious, when the parties' positions are said to be "neutral."

Correct Answer
verified