Question 1

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​
A)general, universal legal principles.
B)the provisions of the Federal Arbitration Act.
C)jurisprudence developed by the United Nations.
D)the law of California (or another specific U.S.jurisdiction).

Accepted Answer

The answer of Millie and Noble dispute the quality of...

Question 2

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is​
A)arbitration.
B)mediation.
C)negotiation.
D)not a legitimate form of dispute resolution.

Accepted Answer

The answer of Lorena files a suit against Milton. Before...

Question 3

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called​
A)a conclusion of law.
B)a finding of fact.
C)an award.
D)a verdict.

Accepted Answer

In arbitration, the arbitrator makes a decision called an "award." This differs from a verdict, which is typically associated with a trial by jury, and from a conclusion of law or finding of fact, which are made by a judge in a traditional court setting.

Question 4

Taylor, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that​
A)the case is being heard for the first time.
B)the court has a unique method of deciding whether to hear a case.
C)the court has unusual procedural rules.
D)the subject matter of the suit is interesting and new.

Accepted Answer

Original jurisdiction means that the court is the first to hear the case, as opposed to appellate jurisdiction, where a court reviews the decision of a lower court.

Question 5

Suki files a suit against Travis. If this suit is like most cases, it will be​
A)dismissed during a trial.
B)settled before a trial.
C)resolved only after a trial.
D)transferred to a higher court.

Accepted Answer

Most cases are settled before a trial.

Question 6

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​
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.

Accepted Answer

Trial courts are where trials are held, involving witnesses, evidence presentation, and a determination of the facts of a case. Appellate courts, on the other hand, review the application of the law by trial courts, without holding trials themselves.

Question 7

Service Employees International Union and Timberline Products, Inc., have their dispute 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​
A)none of the choices.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside the award.

Accepted Answer

If the arbitrator arbitrates issues that the parties did not agree to submit to arbitration, it is a ground for a court to set aside the award. This is because arbitrators are only authorized to arbitrate issues that the parties have agreed to submit to arbitration. If they exceed that authority, the court may set aside the award.

Question 8

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize eResolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts​
A)not at all.
B)until the ODR service has issued a decision.
C)with respect to any dispute arising between the parties.
D)with respect to this dispute only.

Accepted Answer

Nonbinding arbitration does not limit the parties' recourse to the courts at all, as the decision is not legally binding and they can still pursue litigation if they choose.

Question 9

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​
A)not required to hear the case.
B)required to hear the case because D'Antoni lost in a federal court.
C)required to hear the case because D'Antoni lost in a lower court.
D)required to hear the case because it is an appeal.

Accepted Answer

The United States Supreme Court is not required to hear every case that is appealed to it. The Court has discretion to choose which cases it will hear, and typically only hears cases that involve important legal issues or conflicts among lower courts.

Question 10

Ronnie files a suit in a state court against Sheri. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​
A)a brief including the arguments of both parties.
B)a copy of the record on appeal.
C)an explanation for the verdict.
D)a statement of the grounds for reversal.

Accepted Answer

The clerk of the trial court sends a copy of the record on appeal to the appellate court, which includes all documents, evidence, and transcripts from the trial court proceedings necessary for the appellate court to review the case.

Question 11

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​
A)Isabel must file an amended complaint.
B)Isabel will have a judgment entered in her favor.
C)Josh must be served with a second summons.
D)Josh will have a judgment entered in his favor.

Accepted Answer

If Josh ignores the summons, Isabel can file a motion for a default judgment and the court may enter a judgment in her favor. Josh's failure to appear in court or respond to the complaint gives Isabel an opportunity to win the case by default.

Question 12

Owen files a suit against Perry. If Perry fails to respond,​
A)Owen must appeal the case to a different court.
B)Perry's failure to respond will be considered a denial.
C)Owen will not be awarded a remedy.
D)Perry will have a default judgment entered against him.

Accepted Answer

If Perry fails to respond to the suit, the court may enter a default judgment against him, which means Owen could win the case by default.

Question 13

Liz and Moss disagree over the amount due under their con-tract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of​
A)arbitration.
B)litigation.
C)mediation.
D)negotiation.

Accepted Answer

Negotiation is the alternative dispute resolution method that allows parties to resolve their disputes without involving any third party, relying instead on direct discussions to reach a mutually acceptable agreement.

Question 14

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​
A)arbitration.
B)conciliation.
C)intervention.
D)mediation.

Accepted Answer

Arbitration is a method of dispute resolution where a neutral third party, called an arbitrator, listens to both sides of the argument and renders a binding decision to resolve the dispute. Conciliation involves a neutral third party helping the parties involved in a dispute to reach an amicable settlement, but the decision is not binding. Intervention typically refers to a third party getting involved in a conflict to assist in finding a solution, but does not necessarily involve rendering a binding decision. Mediation involves a neutral third party facilitating communication between the parties involved in a dispute to help them come to a mutually agreeable solution, but the decision is not binding unless both parties agree to it.

Question 15

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from
A)anything an Ohio resident has done.
B)Nick's Web site activities relating to conduct in Ohio.
C)nothing an Ohio resident has done.
D)something other than Nick's Web site.

Accepted Answer

The court is likely to have jurisdiction if Milo's claim arises from Nick's web site activities that relate to conduct in Ohio, as this establishes a connection between Nick's activities and the state, satisfying the requirements for personal jurisdiction.

Question 16

Avery files a suit against Beth, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Beth denies the charge and claims that Avery breached their contract to produce a certain quantity of cheeses and owes Beth damages for the breach. Beth's claim is​
A)a contra charge.
B)a counterclaim.
C)a counterpoint.
D)a cross-complaint.

Accepted Answer

A counterclaim is a claim made by a defendant in a legal action against the plaintiff's claim, essentially a lawsuit within a lawsuit. Beth's claim that Avery breached the contract and owes her damages is a counterclaim.

Question 17

David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds passive advertising. The Alabama court is
A)likely to have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama.
B)not likely to have jurisdiction over the case because QuickAds is based in Georgia.
C)likely to refer the case to a higher district court.
D)likely to refer the case to an appellate court.

Accepted Answer

The Alabama court is likely to have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama. This is because QuickAds has purposefully availed itself of the privilege of conducting activities within Alabama by advertising its services to Alabama residents.

Question 18

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely​
A)compel arbitration.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside any award.

Accepted Answer

Meeting with only one party's representative without the other party being present can be seen as a violation of the fundamental principles of arbitration, such as fairness and impartiality. Therefore, the court is likely to set aside any award resulting from such a meeting.

Question 19

Mary files a suit against Nichelle in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After the state's highest court's review of Mary v. Nichelle, a party can appeal the decision to the United States Supreme Court if​
A)a federal question is involved.
B)a question of state law remains unresolved.
C)the party is unsatisfied with the result.
D)the state trial and appellate court rulings are different.

Accepted Answer

The United States Supreme Court has jurisdiction over cases that involve a federal question, meaning that a federal law or the U.S. Constitution is involved. If the case only involves state law or the party being unsatisfied with the result, it is unlikely that the Supreme Court will hear the case. Similarly, if the state trial and appellate court rulings are not in conflict, there may be no reason for the Supreme Court to intervene.

Question 20

Gabrielle files suit against Hard n' Fast Adhesives, Inc. stating several claims against them. Hard n' Fast responds that even if Gabrielle's statement of the facts is true, but Hard n' Fast is still not liable. This is a
A)counterclaim.
B)motion for judgment on the pleadings.
C)motion for summary judgment.
D)motion to dismiss.

Accepted Answer

The answer of Gabrielle files suit against Hard n' Fast...

Quiz 2: Courts and Alternative Dispute Resolution

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is​

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called​

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

Suki files a suit against Travis. If this suit is like most cases, it will be​

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​

Service Employees International Union and Timberline Products, Inc., have their dispute 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​

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize eResolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts​

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​

Ronnie files a suit in a state court against Sheri. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​

Owen files a suit against Perry. If Perry fails to respond,​

Liz and Moss disagree over the amount due under their con-tract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of​

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

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

Avery files a suit against Beth, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Beth denies the charge and claims that Avery breached their contract to produce a certain quantity of cheeses and owes Beth damages for the breach. Beth's claim is​

David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds passive advertising. The Alabama court is

Gabrielle files suit against Hard n' Fast Adhesives, Inc. stating several claims against them. Hard n' Fast responds that even if Gabrielle's statement of the facts is true, but Hard n' Fast is still not liable. This is a

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called

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

Suki files a suit against Travis. If this suit is like most cases, it will be

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

Service Employees International Union and Timberline Products, Inc., have their dispute 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

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize eResolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

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

Ronnie files a suit in a state court against Sheri. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,

Owen files a suit against Perry. If Perry fails to respond,

Liz and Moss disagree over the amount due under their con-tract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of

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

Avery files a suit against Beth, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Beth denies the charge and claims that Avery breached their contract to produce a certain quantity of cheeses and owes Beth damages for the breach. Beth's claim is