Question 1

Arnold loses his suit against Buffy in a Colorado state trial court. Arnold ap?peals to a state intermediate court of appeals and loses again. Arnold would appeal next to
A) a U.S. district court.
B) the Colorado Supreme Court.
C) the United States Supreme Court.
D) the U.S. Court of Appeals for the Ninth Circuit.

Accepted Answer

After losing in the state trial court and state intermediate court of appeals, Arnold would appeal to the next highest court in the state, which is the Colorado Supreme Court. Option A is incorrect because U.S. district courts are federal courts and do not have jurisdiction over state court cases. Option C is incorrect because the United States Supreme Court generally only hears cases involving federal law or constitutional issues. Option D is incorrect because the U.S. Court of Appeals for the Ninth Circuit covers western states and does not include Colorado.

Question 2

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
A) appeal.
B) certiorari.
C) jurisdiction.
D) summons.

Accepted Answer

Jennifer must ask the Court to issue a writ of certiorari, which is a discretionary order issued by a higher court seeking review of a lower court's decision.

Question 3

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
A) is a decision on the merits that has value as a precedent.
B) indicates agreement with the Montana court's decision.
C) means nothing.
D) means that the Montana court's decision is the law in Montana.

Accepted Answer

The U.S. Supreme Court's decision not to hear the case means that the Montana Supreme Court's decision stands as the law in Montana.

Question 4

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
A) judicial review.
B) jurisdiction.
C) venue.
D) early neutral case evaluation.

Accepted Answer

Judicial review is the process by which a court determines the constitutionality of laws or actions of the executive and legislative branches. Therefore, choice A is the correct answer. Jurisdiction refers to a court's authority to hear a case, venue refers to the location of a trial, and early neutral case evaluation is a method of alternative dispute resolution, none of which directly relate to the question asked.

Question 5

First Community Credit Union and General Hydraulics. Inc., have their dispute re?solved in arbitration. Be?fore 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
A) compel arbitration.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside any award.

Accepted Answer

The arbitrator meeting with First Community's representative without General Hydraulics' representative being present violates the fundamental principle of fairness and impartiality in arbitration. This may result in substantial prejudice to General Hydraulics' rights, and therefore a court is most likely to set aside any award resulting from such a meeting.

Question 6

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 par?ties. This is
A) arbitration.
B) mediation.
C) negotiation.
D) not a legitimate form of dispute resolution.

Accepted Answer

In this scenario, the parties are meeting to present their dispute to a third party who will impose a resolution. This is characteristic of arbitration, which is a form of dispute resolution in which a neutral third party listens to both sides and makes a binding decision. This is different from mediation, where a neutral third party helps the parties come to a mutually agreeable solution but does not impose a decision. Negotiation involves the parties themselves working out a solution without the involvement of a third party. Option D is incorrect because arbitration is a legitimate and commonly used form of dispute resolution.

Question 7

Service Employees International Union and Timberline Products, Inc., have their dis?pute 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
A) none of the choices.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside the award.

Accepted Answer

The ground for a court to set aside the award is when the arbitrator arbitrated issues that the parties did not agree to submit to arbitration, which is a violation of the parties' agreement. Therefore, the court may set aside the award.

Question 8

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
A) not at all.
B) until the ODR service has issued a decision.
C) with respect to any dispute arising between them.
D) with respect to this dispute only.

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 9

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
A) federal and state courts have concurrent jurisdiction.
B) federal courts have exclusive jurisdiction.
C) no court has jurisdiction.
D) state courts have exclusive jurisdiction.

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 10

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
A) has a sufficient stake in the matter.
B) has jurisdiction.
C) has sufficient minimum contacts with the parties.
D) is a more convenient location to hold the trial.

Accepted Answer

Eduardo could ask for a change of venue to Georgia on the ground that it is a more convenient location to hold the trial since both parties are residents of Georgia. Since both parties are from the same state, it would be more convenient and cost-effective to hold the trial in Georgia rather than in Florida.

Question 11

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connec?tion 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
A) a commercial cyber presence in Ohio.
B) conducted substantial business with Ohio residents.
C) claimed to be a resident of Ohio.
D) solicited virtual business in Ohio.

Accepted Answer

The answer of Marcus files a suit against Naomi in...

Question 12

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 sug?gests or proposes a resolution, which the parties may or may not decide to adopt. This is
A) arbitration.
B) mediation.
C) negotiation.
D) not a legitimate form of dispute resolution.

Accepted Answer

The answer of Lorena files a suit against Milton. Before...

Question 13

Lewis wants to file a suit against Mikayla. Before any court can hear the case
A) the parties to the dispute must agree.
B) the court must have jurisdiction.
C) the court must issue a deposition.
D) the parties must own property.

Accepted Answer

The court must have jurisdiction over the case in order to hear it. Jurisdiction is the authority of a court to hear and decide a case. Without jurisdiction, the court cannot hear the case or make a decision. Therefore, option B is the correct answer. The other options are not relevant to determining whether a court can hear a case.

Question 14

The least expensive method of resolving a dis?pute between Ronald and Sharon may be
A) arbitration because the case will be heard by a mini-jury.
B) litigation because each party will pay its own legal fees.
C) mediation because the dispute will be resolved by a non-expert.
D) negotiation because no third parties are needed.

Accepted Answer

Negotiation is the least expensive and fastest way to resolve a dispute because it involves only the parties involved and no third parties are needed. It also allows for creative solutions to be explored and can potentially preserve the relationship between the parties.

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
A) compel arbitration.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside any award.

Accepted Answer

The parties have agreed to have their dispute resolved in arbitration, so the court can compel arbitration as per their agreement. The court cannot review the merits of the dispute, review the sufficiency of the evidence or set aside any award, as these are matters to be resolved in arbitration.

Question 16

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 set?tle any dispute between them through mediation because
A) the case will be heard by a mini-jury.
B) the dispute will eventually go to trial.
C) the process is not adversarial.
D) the resolution of the dispute will be decided an expert.

Accepted Answer

Mediation is a non-adversarial process where a neutral third party helps the parties to reach a mutually agreeable solution. As Bean House Coffees and Java Distributors, Inc. have a long-standing business relationship, they may prefer to settle any dispute between them through mediation because it is less likely to damage their business relationship compared to a trial or arbitration.

Question 17

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion may
A) monitor any arbitration until it concludes.
B) order an arbitrator to rule in a particular way.
C) order a party to bring the dispute to court.
D) order a party to submit to arbitration.

Accepted Answer

If a contract includes an arbitration clause, the parties are typically required to submit any disputes to binding arbitration rather than going to court. However, if one party refuses to participate in arbitration, a court may order them to submit to the process. Therefore, the court may order a party to submit to arbitration.

Question 18

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
A) Canada only.
B) Canada or the United States, but not both.
C) Canada, the United States, or both.
D) the United States only.

Accepted Answer

Since the contract does not have a forum-selection or choice-of-law clause, litigation may occur in either jurisdiction - Canada or the United States. Therefore, choice C is the best answer, as litigation may occur in both countries or either country.

Question 19

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has
A) minimum contacts with the state.
B) maximum contacts with the state.
C) medium contacts with the state.
D) no contacts with the state.

Accepted Answer

For a Maryland state court to exercise jurisdiction over National Insurance Corporation, the company must have minimum contacts with the state, which means the company must have some level of business activity or presence within the state. Having maximum or medium contacts would not necessarily affect the court's ability to exercise jurisdiction. If the company has no contacts with the state, the court would lack jurisdiction over the company.

Question 20

Lucille files a suit against Murray. They meet, and each party's at?torney ar?gues the party's case before a judge and jury. The jury presents an ad?vi?sory verdict, after which the judge meets with the parties to en?courage them to settle their dispute. This is
A) a mini-trial.
B) a summary jury trial.
C) early neutral case evaluation.
D) not a legitimate form of dispute resolution.

Accepted Answer

This is a summary jury trial, where the parties present their case before a judge and jury to receive an advisory verdict, after which they are encouraged to settle their dispute.

Quiz 2: Courts and Alternative Dispute Resolution

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

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

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

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

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 par?ties. This is

Service Employees International Union and Timberline Products, Inc., have their dis?pute 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

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

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

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connec?tion 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

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 sug?gests or proposes a resolution, which the parties may or may not decide to adopt. This is

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

The least expensive method of resolving a dis?pute between Ronald and Sharon may be

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

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 set?tle any dispute between them through mediation because

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion may

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

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

Lucille files a suit against Murray. They meet, and each party's at?torney ar?gues the party's case before a judge and jury. The jury presents an ad?vi?sory verdict, after which the judge meets with the parties to en?courage them to settle their dispute. This is