Question 1

The minimum-contacts requirement is met if a corporation does such substantial business that it is "at home" in a state.

Accepted Answer

A) True 
 B)False

Question 2

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Accepted Answer

A) True 
 B)False

Question 3

Any court can exercise jurisdiction over any property wherever it is located.

Accepted Answer

A) True 
 B)False

Question 4

Negotiation requires the use of a neutral third party to facilitate a settlement.

Accepted Answer

A) True 
 B)False

Question 5

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

Accepted Answer

A)   minimum contacts between Honi and any Iowa resident.
B)   substantial business between Jean and Honi through Honi's website.
C)   no interactivity between Honi and any Iowa resident through Honi's website.
D)   the Internet's capacity to bypass boundaries.E) A) and B)
F) B) and C)

Question 6

Jurors must decide a case based only on the information that they learn during the trial.

Accepted Answer

A) True 
 B)False

Question 7

Beth files a suit against Cruise Line, Inc. Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Cruise can support this response with witnesses' sworn statements. Cruise should file with the court

Accepted Answer

A)   a summons.
B)   a complaint.
C)   a motion for summary judgment.
D)   a motion to dismiss.E) None of the above
F) A) and C)

Question 8

Grain Farms, Inc., files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Accepted Answer

A)   Grain Farms is prepared to notify Harvest of the suit.
B)   Grain Farms did not act to precipitate a dispute with Harvest.
C)   Harvest committed the act of which Grain Farms complains.
D)   Harvest was notified of the suit.E) All of the above
F) B) and C)

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

Accepted Answer

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.E) B) and C)
F) A) and C)

Question 10

Neville files a suit against Olina. To obtain information to prepare for trial, the parties engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

Accepted Answer

A)   chicanery, subterfuge, and similar methods.
B)   undue harassment, improper requests, and related tactics.
C)   voir dire, the rule of four, and a writ of certiorari.
D)   depositions, interrogatories, and other procedural devices.E) C) and D)
F) B) and D)

Question 11

A judicial decision on the constitutionality of an executive order that limits certain state actions is

Accepted Answer

A)   beyond the jurisdiction of the courts.
B)   a question of fact.
C)   a summary judgment.
D)   the power of judicial review.E) A) and D)
F) All of the above

Question 12

A federal court will apply federal law in a case involving a federal question.

Accepted Answer

A) True 
 B)False

Question 13

Judicial review is the process through which Congress approves or rejects judicial appointments.

Accepted Answer

A) True 
 B)False

Question 14

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Accepted Answer

A) True 
 B)False

Question 15

Cattle House Steaks, an Alabama company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

Accepted Answer

A)   under the minimum contacts test.
B)   on the basis of a federal question.
C)   in no circumstances.
D)   only if Beef Packing files the suit.E) A) and B)
F) A) and C)

Question 16

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Accepted Answer

A)   appellate jurisdiction.
B)   general jurisdiction.
C)   limited jurisdiction.
D)   no jurisdiction.E) B) and C)
F) None of the above

Question 17

In a suit by Citizens Conservation Organization (CCO)  against Deep Mining Inc., CCO serves a written request for the defendant to admit the truth of matters relating to the trial. Deep Mining's admission in response

Accepted Answer

A)   conclusively establishes the matter for trial.
B)   completely absolves the defendant of the issue in question.
C)   is the basis for a default judgment in the plaintiff's favor.
D)   is irrelevant.E) All of the above
F) A) and C)

Question 18

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

Accepted Answer

A)   arbitration.
B)   mediation.
C)   negotiation.
D)   none of the choices.E) B) and C)
F) A) and B)

Question 19

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

Accepted Answer

A)   arbitration.
B)   conciliation.
C)   intervention.
D)   rendition.E) A) and C)
F) A) and D)

Question 20

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator decides issues that the parties did not agree to submit to arbitration. This is a ground for a court to

Accepted Answer

A)   none of the choices.
B)   dismiss the dispute.
C)   review the record of the case.
D)   set aside the award.E) A) and C)
F) A) and B)

Exam 4: Courts and Alternative Dispute Resolution

Negotiation requires the use of a neutral third party to facilitate a settlement.

Correct AnswerverifiedShow Answer

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator decides issues that the parties did not agree to submit to arbitration. This is a ground for a court to

Correct AnswerverifiedShow Answer

A federal court will apply federal law in a case involving a federal question.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Correct AnswerverifiedShow Answer

Jurors must decide a case based only on the information that they learn during the trial.

Correct AnswerverifiedShow Answer

Judicial review is the process through which Congress approves or rejects judicial appointments.

Correct AnswerverifiedShow Answer

In a suit by Citizens Conservation Organization (CCO) against Deep Mining Inc., CCO serves a written request for the defendant to admit the truth of matters relating to the trial. Deep Mining's admission in response

Correct AnswerverifiedShow Answer

Cattle House Steaks, an Alabama company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

Correct AnswerverifiedShow Answer

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

Correct AnswerverifiedShow Answer

Grain Farms, Inc., files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Correct AnswerverifiedShow Answer

A judicial decision on the constitutionality of an executive order that limits certain state actions is

Correct AnswerverifiedShow Answer

Any court can exercise jurisdiction over any property wherever it is located.

Correct AnswerverifiedShow Answer

The minimum-contacts requirement is met if a corporation does such substantial business that it is "at home" in a state.

Correct AnswerverifiedShow Answer

Neville files a suit against Olina. To obtain information to prepare for trial, the parties engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

Correct AnswerverifiedShow Answer

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

Correct AnswerverifiedShow Answer

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Correct AnswerverifiedShow Answer

Beth files a suit against Cruise Line, Inc. Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Cruise can support this response with witnesses' sworn statements. Cruise should file with the court

Correct AnswerverifiedShow Answer

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Correct AnswerverifiedShow Answer

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

Correct AnswerverifiedShow Answer

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