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Exam 3: Courts and Alternative Dispute Resolution

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Question 31

True/False

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

A) True
B) False

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Question 32

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Sean, a citizen of Tennessee, files a suit in a Tennessee state court against Upland Cattle Corporation, a Wyoming company that does business in Tennessee.The court has original jurisdiction, which means that

A) the case is being heard for the first time.
B) the court does not have concurrent jurisdiction.
C) the court has standing.
D) the court has venue.

E) A) and B)
F) None of the above

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Question 33

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Fact Pattern 2-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

A state court can exercise jurisdiction over any property within the boundaries of the state regardless of the property owner's location.

In Ed's suit against First National Bank, the discovery phase would include all of the following except

Betty files a suit against Colin.Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party.This is

A summary judgment is granted only if there is a genuine question of fact.

Gooseberry Grocery Company files a suit against Homemade Breads, Inc.Homemade responds that even if Gooseberry's statement of the facts is true, according to the law Homemade is not liable.This is

An answer can deny the allegations made in a complaint.

In Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury returns a verdict in Fancy's favor.Glamour files a motion asking the judge to set aside the verdict and begin new proceedings.This is a motion for

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

Mandatory arbitration clauses in employment contracts are not enforceable.

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called

Any judgment is enforceable.

Megan, a citizen of New Mexico, wants to file a suit against Terry, a citizen of Oklahoma.Their diversity of citizenship may be a basis for

Negotiation is the most complex form 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 If not, why not What are an appellate court's options after reviewing a case

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

Carol files a suit against Downwind Boat Corporation.Downwind responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts.Downwind supports this response with witnesses' sworn statements.This is

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