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Chp 2 - Courts and Alternative Dispute Resolution Quiz

Page history last edited by abogado 11 years, 2 months ago

 

Quiz B - Law 10 -  CHAPTER 2: COURTS AND ALTERNATIVE DISPUTE RESOLUTION 

MULTIPLE CHOICE QUESTIONS

1. The Ohio state legislature passes a law to regulate local delivery services. 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. 


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

a. diversity jurisdiction.

b. in personam jurisdiction.

c. in rem jurisdiction.

d. no jurisdiction.


3. Alpha Company files a suit against Beta, Inc., in a Colorado court with general jurisdiction. In a Delaware court with limited jurisdiction, ESales Corporation files a suit against First State Bank. The difference between general and limited jurisdiction is

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.


4. Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for

a. any court to exercise in rem jurisdiction.

b. a federal district court to exercise original jurisdiction.

c. a U.S. court of appeals to exercise appellate jurisdiction.

d. the United States Supreme Court to issue a writ of certiorari.


5. LCD TV Company, a firm in Minnesota, advertises on the Web. A court in North Dakota would be most likely to exercise jurisdiction over LCD if the firm

a. conducted substantial business with North Dakota residents

through its Web site.

b. interacted with any North Dakota resident through its Web site.

c. only advertised without interactivity at its Web site.

d. suddenly removed its ad from the Internet.


6. Milo files a suit against Nik in an Ohio state court, noting that Nik operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to exercise jurisdiction over Nik if Milo’s claim arises from

a. anything an Ohio resident has done.

b. Nik’s Web site activities.

c. nothing an Ohio resident has done.

d. something other than Nik’s Web site.


7. 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 business 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.


8. 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 dismissal of the suit is that Jock does not have

a. certiorari.

b. jurisdiction.

c. standing.

d. sufficient minimum contacts.


9. Mary wins her suit against National Manufacturing Company. National’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 Mary presented.

c. the dealings between the parties before the suit.

d. the law that applied to the issues in the case.


10. 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.


11. Cody wants to appeal his case against Digital Corporation to the United States Supreme Court. Cody must ask the Court to issue a writ of

a. certiorari.

b. jurisdiction.

c. standing.

d. venue.


12. Edie files a suit against Frank. 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.


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

a. arbitration.

b. litigation.

c. mediation.

d. negotiation.


Fact Pattern 2-A1 (Questions A14-A16 apply)

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.


14. Refer to Fact Pattern 2-A1. The least expensive method to resolve the dispute 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.


15. Refer to Fact Pattern 2-A1. 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

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.


16. 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 advantages of

a. arbitration.

b. conciliation.

c. intervention.

d. mediation.


17. Consumer Sales Corporation and Dion agree to resolve 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.


18. Transnational Corporation and UniShip, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction 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.


19. Vince files a suit against Will. Vince and Will meet, and each party’s attorney 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 encourage

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.


20. Dick submits his claim against EZ Sales Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by

a. Dick only.

b. Dick or EZ.

c. EZ only.

d. neither Dick nor EZ.


 

 

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