Question 1

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

Accepted Answer

If the meeting with First Community's representative substantially prejudices General Hydraulics' rights, this would be a violation of due process and could warrant the court to set aside any award issued by the arbitrator.

Question 2

Bean House Coffees and Java Distributors,Inc.,have a long-standing business relationship that they would like to continue.For this reason,they may prefer to settle any dispute between them through mediation because

Accepted Answer

Mediation is a non-adversarial process where a neutral third party (the mediator) helps the parties negotiate a resolution to their dispute. It can help preserve the business relationship and find a mutually beneficial solution. It does not involve a jury, trial, or expert decision.

Question 3

As a judge in a federal court,Christine can decide,among other things,whether the laws or actions of the executive and legislative branches are constitutional.The process for making this determination is known as

Accepted Answer

Judicial review is the process by which federal courts determine the constitutionality of laws or actions of the legislative and executive branches. As a federal judge, Christine would have the authority to conduct judicial reviews and make a determination regarding the constitutionality of laws or actions. Jurisdiction refers to the authority of a court to hear a particular case, venue refers to the geographic location of a trial, and early neutral case evaluation is a type of alternative dispute resolution. None of these options are directly related to the process of determining constitutionality.

Question 4

Transcontinental Tours,a U.S.firm,and Victoria Hotels,Ltd.,a Canadian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Transcontinental and Victoria over a dispute involving this contract may occur in

Accepted Answer

Since there is no forum-selection or choice-of-law clause in the contract, litigation can occur in both Canada and the United States, depending on where the dispute arises and where the parties choose to file the lawsuit. Therefore, the answer is C – litigation may occur in Canada, the United States, or both.

Question 5

Arnold loses his suit against Buffy in a Colorado state trial court.Arnold appeals to a state intermediate court of appeals and loses again.Arnold would appeal next to

Accepted Answer

Arnold would appeal next to the highest state court, which is the Colorado Supreme Court. The other options are not appropriate since Arnold's case was heard in a state court, not a federal court, and the U.S. Court of Appeals for the Ninth Circuit only hears cases from certain western states, not including Colorado.

Question 6

Lewis wants to file a suit against Mikayla.Before any court can hear the case

Accepted Answer

Before any court can hear a case, the court must have jurisdiction, which means the authority to hear and decide the case. If the court does not have jurisdiction, it cannot hear the case. Therefore, option B is the correct choice. The other options are not relevant to determining whether a court can hear a case.

Question 7

A Maryland state court can exercise jurisdiction over National Insurance Corporation,an out-of-state company,if the firm has

Accepted Answer

In order for a state court to exercise jurisdiction over an out-of-state company, the company must have minimum contacts with the state. This means that the company must have some type of connection or presence in the state, such as conducting business or having customers in the state. Maximum or medium contacts are not relevant in determining jurisdiction, and no contacts would not allow for jurisdiction.

Question 8

Marcus files a suit against Naomi in an Ohio state court.Naomi's only connection to Ohio is an ad on the Web originating in Pennsylvania.For Ohio to exercise jurisdiction,the issue is whether Naomi,through her ad,has

Accepted Answer

For Ohio to exercise jurisdiction, Naomi must have conducted substantial business with Ohio residents, which would establish sufficient minimum contacts with the state. An ad alone does not necessarily establish such contacts unless it results in significant business activities.

Question 9

The least expensive method of resolving a dispute between Ronald and Sharon may be

Accepted Answer

Negotiation is the least expensive method of resolving disputes as it involves only the parties involved and no third-party intervention.

Question 10

Lucille files a suit against Murray.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

Accepted Answer

This is a summary jury trial, which involves presenting the case to a jury who then gives an advisory verdict. The judge then encourages the parties to settle their dispute.

Question 11

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores,Inc.Jennifer wants to appeal her case to the United States Supreme Court.She must ask the Court to issue a writ of

Accepted Answer

Jennifer must ask the United States Supreme Court to issue a writ of certiorari in order to appeal her case. A writ of certiorari is a request for the Court to review a lower court's decision, and it is the most common way that cases are brought before the Supreme Court for appeal. The other choices listed (appeal, jurisdiction, and summons) are not relevant to the process of appealing a case to the Supreme Court.

Question 12

Orson files a suit against Portia.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the parties.This is

Accepted Answer

Arbitration is a form of dispute resolution where a third party arbitrator listens to both sides of a dispute and makes a binding decision. This is different from mediation, where the third party mediator works to help the parties come to a mutual agreement but does not impose a decision. Negotiation is the process of discussing and compromising to reach a resolution without involving a third party. Option D is not a legitimate form of dispute resolution as it doesn't offer any way for the parties to resolve their disagreement.

Question 13

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores,Inc.Natural Grocery files an appeal with the United States Supreme Court.The Court does not hear the case.This

Accepted Answer

When the US Supreme Court refuses to hear a case, it means that the decision of the lower court (in this case, the Montana Supreme Court) stands as the law in that jurisdiction (Montana). Therefore, the Montana court's decision is the law in this case.

Question 14

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

Accepted Answer

Mediation involves a neutral third party who suggests or proposes a resolution, which the parties may choose to adopt or not.

Question 15

HoneyBee Foods,Inc.,in Illinois,and Jelly Roll Pastries,in Kentucky,consent to have their dispute resolved in arbitration according to the law of Illinois.This is a ground for a court to

Accepted Answer

The parties have agreed to have their dispute resolved in arbitration and have also specified the law to be applied. Therefore, a court can compel the parties to arbitration in accordance with their agreement.

Question 16

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

Accepted Answer

Nonbinding arbitration means the parties are not legally bound by the decision and can still seek resolution in court if they choose.

Question 17

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor.Both Delia and Eduardo are residents of Georgia.Eduardo could ask for a change of venue on the ground that Georgia

Accepted Answer

Eduardo could ask for a change of venue to a more convenient location to hold the trial, such as Georgia.

Question 18

Fresh Harvest Company,which is based on Georgia,packages and sells vegetables.Hayden,who is a resident of Indiana,buys a Fresh Harvest product,eats it,and suffers severe food poisoning.Hayden wants to file a suit against Fresh Harvest.The diversity of citizenship between these parties means that

Accepted Answer

The diversity of citizenship between the parties means that the case can be heard in both federal and state courts, which have concurrent jurisdiction.

Question 19

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

Accepted Answer

If a dispute arises and there is an arbitration clause in the contract, a court having jurisdiction may order a party to submit to arbitration. This means that instead of litigating the dispute in court, the parties must go through the arbitration process as outlined in their contract. The court may also stay any court proceedings until the arbitration is complete, but it cannot order the arbitrator to rule in a particular way or force a party to bring the dispute to court.

Question 20

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

Accepted Answer

The arbitrator exceeding his or her authority by arbitrating issues that were not agreed to by the parties is a ground for a court to set aside the award. Therefore, choice D is correct. A court cannot review the merits of the dispute or the sufficiency of the evidence unless there is evidence of fraud, corruption, or misconduct by the arbitrator. Thus, choices B and C are incorrect. Choice A is also incorrect as it does not provide a specific answer.

Quiz 2: Courts and Alternative Dispute Resolution