Question 1

No court offers mediation as an option before a case goes to trial.

Accepted Answer

Many courts do offer mediation as an option before a case goes to trial, as it can be a beneficial way to resolve disputes outside of the courtroom. Some jurisdictions even require parties to attempt mediation before proceeding to trial.

Question 2

Negotiation is the most complex form of alternative dispute resolution.

Accepted Answer

Negotiation is often considered one of the simplest forms of alternative dispute resolution since it involves direct discussions between parties to resolve a dispute without the need for third-party intervention, unlike more complex forms such as arbitration or mediation.

Question 3

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

Accepted Answer

A choice-of-law clause is a provision in a contract that specifies which jurisdiction's laws will apply in case of a dispute. It has nothing to do with excusing a party from liability for "acts of God."

Question 4

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

Accepted Answer

The statement is incorrect. Minimum contacts with a jurisdiction can be enough to support jurisdiction over a nonresident defendant, depending on the specific circumstances and the type of case involved. The minimum contacts standard is used to determine whether exercising jurisdiction over a nonresident defendant is consistent with the principles of due process under the U.S. Constitution. Factors that are considered include the defendant's actions within the jurisdiction, the nature of the defendant's contacts with the jurisdiction, and the relationship between the defendant's contacts and the claims brought against them.

Question 5

Venue is the term for the subject matter of a case.

Accepted Answer

The answer of Venue is the term for the subject...

Question 6

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

Accepted Answer

Concurrent jurisdiction refers to a situation where both federal and state courts have the power to hear a particular case. Therefore, the statement is true.

Question 7

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

Accepted Answer

A justiciable controversy refers to a dispute that is real and substantial, as opposed to hypothetical or abstract, and is appropriate for court review, not necessarily one where the decision will be controversial.

Question 8

Alternative dispute resolution refers to any method for resolving a dispute outside the court system.

Accepted Answer

Alternative dispute resolution refers to methods such as arbitration, mediation, and negotiation that are used to resolve conflicts without going to court.

Question 9

In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

Accepted Answer

In early neutral case evaluation, a neutral third party evaluates the strengths and weaknesses of each party's case and provides an assessment of the likely outcome if the case were to proceed to trial. This assessment serves as the basis for negotiation and settlement discussions between the parties.

Question 10

A court will review a contract for validity even if it contains an arbitration clause.

Accepted Answer

The answer of A court will review a contract for...

Question 11

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

Accepted Answer

The answer of A court cannot exercise jurisdiction over an...

Question 12

A federal case typically originates in a state court.

Accepted Answer

A federal case originates in a federal court, not a state court. However, in some cases, a state court may hear a federal case if it involves state law or if there is no federal court in the area.

Question 13

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Accepted Answer

This is one of the fundamental principles of the system of checks and balances in the United States Constitution. The judicial branch has the power to interpret the Constitution and determine whether the actions of the legislative and executive branches are constitutional or not.

Question 14

Federal courts are superior to state courts.

Accepted Answer

The answer of Federal courts are superior to state courts....

Question 15

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

Accepted Answer

Most online dispute resolution services apply general legal principles to resolve disputes, such as contract law, consumer protection law, and tort law.

Question 16

Diversity of citizenship cases are only those arising between citizens of different states.

Accepted Answer

The answer of Diversity of citizenship cases are only those...

Question 17

Arbitration that is mandated by the courts is often binding on the parties.

Accepted Answer

The answer of Arbitration that is mandated by the courts...

Question 18

In some states, lawyers are not allowed to represent people in small claims courts.

Accepted Answer

In some states, lawyers are prohibited from representing clients in small claims courts as the cases involve smaller amounts and are considered less complex, allowing individuals to represent themselves.

Question 19

Negotiation traditionally involves just the parties to a dispute without their attorneys.

Accepted Answer

Negotiation can involve attorneys representing the parties, especially in larger or more complex disputes.

Question 20

The United States Supreme Court has original jurisdiction in rare instances.

Accepted Answer

The United States Supreme Court has original jurisdiction in cases involving disputes between states, cases involving foreign diplomats, and cases in which a state is a party.

Quiz 2: Courts and Alternative Dispute Resolution