Question 1

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

Accepted Answer

A motion for a judgment notwithstanding the verdict is also known as a JNOV and it asks the court to overturn a jury verdict and enter a new verdict in favor of the non-prevailing party, usually on the grounds that the verdict was unreasonable or not supported by evidence.

Question 2

Any judgment is enforceable.

Accepted Answer

The answer of Any judgment is enforceable....

Question 3

In most states,if neither party requests a jury,there will be no jury trial.

Accepted Answer

Most states allow for a bench trial or trial by judge if neither party requests a jury trial. However, there may be some exceptions based on the specific laws and procedures in each state.

Question 4

Mandatory arbitration clauses in employment contracts are not enforceable.

Accepted Answer

Mandatory arbitration clauses in employment contracts are enforceable, though there is debate over their fairness and impact on employees' rights to sue their employers in court.

Question 5

Moby,a resident of New Jersey,has an accident with Ogden,a resident of New York,while driving through that state.Ogden files a suit against Moby in New York.Regarding Moby,New York has
A)federal question jurisdiction.
B)in personam jurisdiction.
C)in rem jurisdiction.
D)no jurisdiction.

Accepted Answer

New York has in personam jurisdiction over Moby because he is being sued personally based on his actions in the state of New York. In personam jurisdiction refers to a court's power to hear a case against a person or entity based on their presence or activity within the court's geographic boundaries.

Question 6

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

Accepted Answer

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

Question 7

Marbled Granite Company files a suit against Natural Stone,Inc.,in a Colorado court with general jurisdiction.In a Delaware court with limited jurisdiction,E-Sales Corporation files a suit against First State Bank.The difference between general and limited jurisdiction is
A)the subject matter of the cases that the courts can decide.
B)whether a case is being heard for the first time.
C)whether a suit is filed against a single individual or many people.
D)whether a suit is filed by a citizen or by a business.

Accepted Answer

General jurisdiction courts have the authority to hear a wide range of cases, while limited jurisdiction courts can only hear cases within a specific subject matter or geographic area. Thus, the difference between the two is the subject matter of the cases that they can decide.

Question 8

Negotiation traditionally involves just the parties to a dispute without their attorneys.

Accepted Answer

While negotiation can involve only the parties themselves, in certain situations, such as legal disputes, attorneys may be involved in the negotiation process.

Question 9

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 10

Sam,a citizen of Tennessee,files a suit in a Tennessee state court against United Sales Corporation,a Wyoming company that does business in Tennessee.The court has original jurisdiction,which means that
A)the case is being heard for the first time.
B)the court does not have concurrent jurisdiction.
C)the court has standing.
D)the court has venue.

Accepted Answer

Original jurisdiction refers to a court's power to hear a case for the first time, before any other court has heard it. Therefore, choice A is correct. Choice B is incorrect because concurrent jurisdiction refers to two or more courts having the power to hear a case at the same time. Choice C is incorrect because standing refers to a plaintiff's legal right to bring a case based on certain criteria, such as injury or harm suffered. Choice D is incorrect because venue refers to the geographic location where a case is heard, not the court's power to hear the case.

Question 11

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

Accepted Answer

Interrogatories are a standard part of the pre-trial discovery process in many legal jurisdictions, and the written answers are signed under oath.

Question 12

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 13

A judge instructs a jury as to the law that applies in a case.

Accepted Answer

This is the primary role of a judge in a trial: to instruct the jury on the applicable law and guide them in reaching a verdict based on that law.

Question 14

Service of process is the process of obtaining information from an opposing party before trial.

Accepted Answer

Service of process is actually the act of delivering legal documents, such as a summons or complaint, to the opposing party to notify them of a legal proceeding. It is not related to obtaining information from the opposing party.

Question 15

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

Accepted Answer

Most online dispute resolution services apply general, universal legal principles to resolve disputes, such as contract law, tort law, and consumer protection law. However, some services may also have their own specific rules and procedures.

Question 16

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

Accepted Answer

Courts generally have limited grounds for overturning an arbitrator's award, and they must defer to the arbitrator's decision in most cases.

Question 17

Sam,a citizen of New Mexico,wants to file a suit against Tanya,a citizen of Texas.Their diversity of citizenship may be a basis for
A)any court to exercise in rem jurisdiction.
B)a federal district court to exercise original jurisdiction.
C)a U.S.court of appeals to exercise appellate jurisdiction.
D)the United States Supreme Court to issue a writ of certiorari.

Accepted Answer

Diversity of citizenship is a basis for federal district courts to exercise original jurisdiction under 28 U.S. Code § 1332.

Question 18

Mediation is adversarial in nature.

Accepted Answer

Mediation is a non-adversarial method of dispute resolution where a neutral third party helps the parties involved in a conflict reach a mutually acceptable resolution. The mediator's role is to facilitate communication and negotiation between the parties, not to take sides or make decisions.

Question 19

Unless otherwise agreed,the result of an online dispute resolution proceeding may not be appealed to a court.

Accepted Answer

The answer of Unless otherwise agreed,the result of an online...

Question 20

Voir dire is a process for presenting evidence in a case.

Accepted Answer

Voir dire is actually a process used during jury selection where potential jurors are questioned to determine their suitability for serving on a particular case. It is not a process for presenting evidence.

Quiz 3: Courts and Alternative Dispute Resolution