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Exam 2: Courts and Alternative Dispute Resolution

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Question 31

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Jason,a citizen of Kansas,wants to file a suit against Lora,a citizen of Michigan.Their diversity of citizenship may be a basis for

A) no court to exercise jurisdiction.
B) a federal court to exercise jurisdiction.
C) any court to exercise jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.

E) All of the above
F) C) and D)

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Question 32

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Beth files a suit against Cruise Line,Inc.Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts.Cruise can support this response with witnesses' sworn statements.Cruise should file with the court

A) a summons.
B) a complaint.
C) a motion for summary judgment.
D) a motion to dismiss.

E) B) and D)
F) All of the above

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Question 33

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Before a lawsuit is initiated,a plaintiff should consider whether the defendant is able to pay the damages sought.

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

The federal courts are an independent system of courts that is superior to the state courts.

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Jurisdiction refers to the right of a citizen to bring a case before a court.

In a case involving Internet transactions,jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Gina and Harry 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 Gina and Harry's dispute is

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Cattle House Steaks,an Alabama company,enters into a contract over the phone with Beef Packing Inc. ,an out-of-state corporation.If a dispute arises,an Alabama court can exercise jurisdiction over Beef Packing

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

Farmers Pantry Products Inc.and Market Grocers 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

D'Antoni files a suit in a federal district court against Enya.D'Antoni loses the suit,appeals to the U.S.Court of Appeals for the Ninth Circuit,and loses again.D'Antoni asks the United States Supreme Court to hear the case.The Court is

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

Judicial review is the process through which Congress approves or rejects judicial appointments.

The simplest form of alternative dispute resolution is mediation.

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer.With regard to this dispute,the two firms can

Kari and Lillian,who are citizens of Mississippi,are involved in a case related to the adoption of their child.Over this case,Mississippi state courts have

Discovery is the process of serving a summons and a copy of a complaint on a defendant.