Question 1

A court's review of an arbitrator's award may be restricted.

Accepted Answer

Courts generally have limited authority to review an arbitrator's award. The grounds for reversal or modification of an arbitration award are specifically outlined in the relevant state or federal arbitration law, and are generally more limited than the grounds for appeal of a court judgment.

Question 2

A summary judgment is granted only if there is no genuine question of law.

Accepted Answer

A summary judgment is granted only if there is no genuine question of fact, not law.

Question 3

The verdict in a summary jury trial is binding.

Accepted Answer

The verdict in a summary jury trial is advisory, not binding. The parties can agree to be bound by the verdict, but it is not automatically binding.

Question 4

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Accepted Answer

A deposition is a sworn testimony given by a party to a lawsuit or any witness under oath, and is taken outside of court proceedings.

Question 5

ADR proceedings are always strictly regulated by federal statutes.

Accepted Answer

ADR proceedings may be regulated by state statutes, court rules, or even private agreements between the parties. While there may be federal laws that govern certain aspects of ADR proceedings, there is no strict federal regulation of ADR as a whole.

Question 6

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 7

Justin wants to file a suit against Mikayla.For a court to hear the case
A)Mikayla must agree.
B)the court must have jurisdiction.
C)the court must issue a deposition.
D)the parties must own property.

Accepted Answer

In order for a court to hear the case, it must have jurisdiction. This means that the court has the legal authority to hear and make a decision on the case. Mikayla's consent is not necessary for the court to have jurisdiction over the case. A deposition is a sworn testimony that can be used as evidence in a court case, but it is not necessary for the court to hear the case. The parties owning property is also not a requirement for a court to have jurisdiction.

Question 8

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

Accepted Answer

A closing argument is a statement made by a party at the end of a trial summarizing the evidence and urging the court or jury to enter a verdict in favor of their client. It does not necessarily result in a summary judgment in the party's favor, as a summary judgment is a decision made by the court based on legal arguments and evidence before trial.

Question 9

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables.Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning.Jack wants to file a suit against Fresh Harvest.The diversity of citizenship between these parties means that
A)federal and state courts have concurrent jurisdiction.
B)federal courts have exclusive jurisdiction.
C)no court has jurisdiction.
D)state courts have exclusive jurisdiction.

Accepted Answer

The diversity of citizenship between the parties allows for either federal or state court to have jurisdiction, and both have concurrent jurisdiction to hear the case.

Question 10

Arbitration is always legally binding.

Accepted Answer

The answer of Arbitration is always legally binding....

Question 11

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

Accepted Answer

In mediation, the mediator's role is to facilitate communication between parties and help them reach a mutually acceptable agreement that often includes compromises.

Question 12

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have
A)minimum contacts with the state.
B)maximum contacts with the state.
C)legitimate contacts with the state.
D)legal contacts with the state.

Accepted Answer

In order for a state court to exercise jurisdiction over an out-of-state defendant, the defendant must have minimum contacts with the state, meaning that the defendant has some kind of connection or relationship with the state that makes it reasonable for them to be sued there. This requirement ensures that the defendant has some degree of fair warning that they could be sued in that state and that the exercise of jurisdiction over them is not overly burdensome or unfair. Maximum contacts or legitimate contacts are not relevant concepts in determining personal jurisdiction. Legal contacts may be relevant to other aspects of the case, such as the choice of law.

Question 13

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident.Sarah files suit against Megan.The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)
A)long arm statute.
B)in personam statute.
C)in rem statute.
D)out-of-state jurisdiction statute.

Accepted Answer

A long arm statute allows for a court to exercise jurisdiction over an out-of-state defendant if they have minimum contacts with the state. In this scenario, although Megan is a resident of Ohio, she committed a traffic violation in Texas which would give the Texas court jurisdiction over her under the long arm statute.

Question 14

Any judgment is enforceable.

Accepted Answer

The answer of Any judgment is enforceable....

Question 15

Interrogatories are written questions for which written answers are prepared and signed under oath.

Accepted Answer

Interrogatories are indeed written questions for which written answers are prepared and signed under oath.

Question 16

Any relevant material, except information stored electronically, can be the object of a discovery request.

Accepted Answer

The answer of Any relevant material, except information stored electronically,...

Question 17

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)federal jurisdiction.
B)in personam jurisdiction.
C)in rem jurisdiction.
D)no jurisdiction.

Accepted Answer

The answer of Hua, a resident of Illinois, owns a...

Question 18

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

Accepted Answer

Most online dispute resolution services rely on general legal principles, such as contract law and consumer protection laws, to resolve disputes. However, some services may also involve specialized rules and procedures tailored to specific industries or types of disputes.

Question 19

A motion for a new trial will be granted only if a constitutional issue is involved.

Accepted Answer

A motion for a new trial can be granted for various reasons, such as new evidence, improper verdict or judgment, or errors in legal procedures. A constitutional issue is not the only grounds for a new trial.

Question 20

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Accepted Answer

A motion for a directed verdict and a motion for judgment as a matter of law are interchangeable terms that refer to a request made by a party in a trial for the judge to rule on the case based solely on the legal evidence presented, without going through the full trial proceeding.

Quiz 3: Courts and Alternative Dispute Resolution