Question 1

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

Accepted Answer

Original jurisdiction refers to the power of a court to hear a case for the first time, as opposed to appellate jurisdiction, which refers to the power of a court to review the decision of a lower court. Therefore, choice A is the correct answer. Choices B, C, and D are not applicable to the concept of original jurisdiction.

Question 2

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 trial, the case will be heard and decided by a judge alone.

Question 3

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 4

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

Accepted Answer

This is correct, as it is the judge's role to explain the relevant law to the jury and how it applies to the case at hand.

Question 5

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

Accepted Answer

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

Question 6

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 neutral third party evaluates each party's strengths and weaknesses and provides an assessment of the likely outcome in court. This helps the parties to negotiate a settlement based on the neutral evaluation provided by the evaluator.

Question 7

Any judgment is enforceable.

Accepted Answer

The answer of Any judgment is enforceable....

Question 8

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

Accepted Answer

Interrogatories are indeed written questions that require written answers, and the answers are signed under oath.

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 and negotiation between parties to reach a mutually acceptable solution. This often involves proposing a solution that takes into account the needs and interests of all parties and may include compromises or trade-offs.

Question 10

Mandatory arbitration clauses in employment contracts are not enforceable.

Accepted Answer

Mandatory arbitration clauses in employment contracts are enforceable, but there are some exceptions and limitations depending on the jurisdiction and specific circumstances.

Question 11

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

Accepted Answer

Courts generally give deference to arbitrators' decisions, and their review may be limited to only certain grounds, such as fraud or misconduct.

Question 12

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 a request made by the non-prevailing party asking the court to overturn or set aside the jury's verdict and enter a new verdict in their favor. It is only granted if the court determines that the jury's verdict was unreasonable or unsupported by the evidence presented at trial.

Question 13

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

Accepted Answer

Voir dire is actually a process of jury selection where potential jurors are questioned by the judge or attorneys to determine if they are suitable for the case. It is not a process for presenting evidence.

Question 14

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 15

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

Accepted Answer

General jurisdiction means the court has the authority to hear a wide range of cases, both civil and criminal, regardless of the subject matter of the case. Limited jurisdiction means the court can only hear certain types of cases, usually based on specific subject matter, monetary amount, or geographical location. Therefore, the difference between general and limited jurisdiction is related to the subject matter of the cases that the courts can decide.

Question 16

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

Accepted Answer

Most online dispute resolution services apply general and universal legal principles, such as fairness, equity, and mutual benefit, to resolve disputes. However, the specific legal frameworks may vary depending on the jurisdiction and the nature of the dispute.

Question 17

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 18

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

Accepted Answer

Diversity of citizenship jurisdiction allows a federal district court to exercise original jurisdiction over a case in which the parties are citizens of different states and the amount in controversy exceeds $75,000.

Question 19

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 does not have legal force until both parties agree to be bound by it.

Question 20

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

Accepted Answer

New York has in personam jurisdiction over Moby because he had an accident in New York and is being sued in that state. In personam jurisdiction refers to jurisdiction over a person, rather than over property or a specific issue. Federal question jurisdiction (A) refers to cases that involve federal law, and in rem jurisdiction (C) refers to jurisdiction over property. Option D is incorrect because New York has jurisdiction over Moby in this situation.

Quiz 2: Traditional and Online Dispute Resolution