Question 1

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

Accepted Answer

This is true. The judge's role is to explain the law to the jury and how it applies to the case at hand. The jury decides the facts of the case based on the evidence presented, but the judge instructs them on the legal principles to apply when making their decision.

Question 2

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 can handle a wide variety of cases, while limited jurisdiction courts are restricted to specific types of cases, such as small claims or traffic violations. The subject matter of the cases is the main distinction between the two types of courts.

Question 3

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 can be a basis for federal district courts to exercise original jurisdiction under 28 U.S. Code § 1332.

Question 4

Mandatory arbitration clauses in employment contracts are not enforceable.

Accepted Answer

Mandatory arbitration clauses in employment contracts are generally enforceable, although there are some exceptions and limitations depending on state laws and specific circumstances.

Question 5

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

Accepted Answer

Voir dire is actually a process for selecting a jury in a case. It involves questioning potential jurors to determine if they have any biases or prejudices that may affect their ability to be impartial in the case.

Question 6

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

Accepted Answer

Online dispute resolution outcomes can often be appealed in court unless explicitly agreed otherwise by the parties involved.

Question 7

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 (JNOV) is also known as a motion notwithstanding the verdict or a directed verdict. It is a request made by the losing party, after the jury has rendered a verdict in favor of the winning party, asking the judge to enter a verdict for the losing party instead. The JNOV motion argues that the jury's verdict was legally incorrect, and that the evidence presented at trial did not support the verdict. If the JNOV is granted, the judge will set aside the jury's verdict and enter a new verdict in favor of the losing party.

Question 8

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 subject to being sued in New York due to his presence in the state at the time of the accident. In personam jurisdiction refers to a court's power to adjudicate a dispute involving a particular person, as opposed to in rem jurisdiction, which involves the court's authority over a specific piece of property, or federal question jurisdiction, which refers to a court's jurisdiction over cases arising under federal law.

Question 9

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 10

In early neutral case evaluation,a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

Accepted Answer

In early neutral case evaluation, a third party evaluates each party's case and provides feedback on the strengths and weaknesses of each side. This feedback can then be used to negotiate a settlement.

Question 11

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

Accepted Answer

Courts generally give deference to the decisions made by arbitrators and may only overturn an award in certain limited circumstances, such as when the arbitrator exhibited bias or exceeded their authority. Therefore, the court's review of an arbitrator's award may be restricted.

Question 12

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 13

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

Accepted Answer

Most online dispute resolution services use general and universal legal principles, such as fairness and impartiality, to resolve disputes.

Question 14

The verdict in a summary jury trial is binding.

Accepted Answer

The verdict in a summary jury trial is not binding. It is only advisory and can be used as a tool for settlement negotiations.

Question 15

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 16

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

Accepted Answer

In most states, if neither party requests a jury, the case will be decided by a judge, without a jury trial. However, there are some exceptions where a jury trial may be required by law, such as in criminal cases where the defendant is facing a potential sentence of imprisonment.

Question 17

Any judgment is enforceable.

Accepted Answer

The answer of Any judgment is enforceable....

Question 18

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

Indiana has in rem jurisdiction because the dispute is over the ownership of property (the warehouse) located within Indiana. In rem jurisdiction allows a court to exercise authority over property within its territory.

Question 19

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 means that the court has the authority to hear the case for the first time, rather than on appeal or as a result of a transfer from another court. The other options listed are unrelated to the concept of original jurisdiction.

Question 20

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

Accepted Answer

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

Quiz 3: Courts and Alternative Dispute Resolution