Question 1

Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.

Accepted Answer

A) True 
 B)False

Question 2

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

Accepted Answer

A) True 
 B)False

Question 3

Any court can exercise jurisdiction over any person.

Accepted Answer

A) True 
 B)False

Question 4

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 5

A mandatory arbitration clause in an employment contract may not be enforced if

Accepted Answer

A)  the arbitration rules and procedures are unfair to one of the parties.
B)  the parties did not specify limits to the disputes that may be submitted.
C)  the relevant arbitration statute does not exclude the claim in dispute.
D)  a party who agreed to the clause later opposes arbitration.E) B) and C)
F) All of the above

Question 6

There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

Accepted Answer

A) True 
 B)False

Question 7

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

Accepted Answer

A) True 
 B)False

Question 8

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has

Accepted Answer

A)  federal jurisdiction.
B)  in personam jurisdiction.
C)  in rem jurisdiction.
D)  no jurisdiction.E) B) and C)
F) All of the above

Question 9

Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute

Accepted Answer

A)  through the court system.
B)  with a method of alternative dispute resolution.
C)  by anticipating that the dispute will resolve itself.
D)  by filing a writ of certiorari in a different court.E) C) and D)
F) A) and B)

Question 10

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

Accepted Answer

A)  an appellate court.
B)  a trial court.
C)  a U.S. magistrate's court.
D)  a special inferior court.E) B) and C)
F) A) and D)

Question 11

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

Accepted Answer

A)  arbitration.
B)  litigation.
C)  mediation.
D)  negotiation.E) C) and D)
F) A) and C)

Question 12

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

Accepted Answer

A) True 
 B)False

Question 13

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

Accepted Answer

A)  no court to exercise jurisdiction.
B)  a federal court to exercise jurisdiction.
C)  any court to exercise jurisdiction.
D)  the United States Supreme Court to refuse jurisdiction.E) A) and B)
F) B) and D)

Question 14

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

Accepted Answer

A) True 
 B)False

Question 15

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)  mediation.
C)  negotiation.
D)  early neutral case evaluation.E) B) and D)
F) B) and C)

Question 16

Because the Internet is international in scope, it raises international jurisdictional issues.

Accepted Answer

A) True 
 B)False

Question 17

Jurisdiction refers to the right of a citizen to bring a case before a court.

Accepted Answer

A) True 
 B)False

Question 18

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

Accepted Answer

A)  venue.
B)  exclusive jurisdiction.
C)  standing to sue.
D)  minimum contacts.E) B) and C)
F) None of the above

Question 19

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Accepted Answer

A) True 
 B)False

Question 20

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Accepted Answer

A) True 
 B)False

Exam 4: Courts and Alternative Dispute Resolution

Any court can exercise jurisdiction over any person.

Correct AnswerverifiedShow Answer

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Correct AnswerverifiedShow Answer

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

Correct AnswerverifiedShow Answer

Because the Internet is international in scope, it raises international jurisdictional issues.

Correct AnswerverifiedShow Answer

A mandatory arbitration clause in an employment contract may not be enforced if

Correct AnswerverifiedShow Answer

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Correct AnswerverifiedShow Answer

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

Correct AnswerverifiedShow Answer

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

Correct AnswerverifiedShow Answer

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

Correct AnswerverifiedShow Answer

Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute

Correct AnswerverifiedShow Answer

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Correct AnswerverifiedShow Answer

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has

Correct AnswerverifiedShow Answer

Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.

Correct AnswerverifiedShow Answer

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

Correct AnswerverifiedShow Answer

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

Correct AnswerverifiedShow Answer

There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

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

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

Correct AnswerverifiedShow Answer

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

Correct AnswerverifiedShow Answer

Jurisdiction refers to the right of a citizen to bring a case before a court.

Correct AnswerverifiedShow Answer

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