Question 1

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 2

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

Accepted Answer

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

Question 3

ADR proceedings are always strictly regulated by federal statutes.

Accepted Answer

ADR proceedings can be regulated by state laws, rules of court, or private agreements between the parties. However, there are some federal laws that govern certain types of ADR, such as the Federal Arbitration Act.

Question 4

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

Accepted Answer

Courts are generally limited in their review of arbitrator's awards and usually only intervene if there was fraud, corruption or other misconduct by the arbitrator, or if the award violates public policy.

Question 5

Any judgment is enforceable.

Accepted Answer

The answer of Any judgment is enforceable....

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

Accepted Answer

Indiana has in rem jurisdiction over the warehouse because the dispute is about ownership of the property, which is physically located in Indiana. In personam jurisdiction would apply if the dispute was about a personal relationship or contractual agreement between Hua and Jac. Federal jurisdiction would apply if the case involved federal law or if the parties were from different states and the amount in controversy exceeded $75,000. No jurisdiction would only apply if there was no connection between the case and Indiana.

Question 7

A summary judgment is granted only if there is no genuine question of law.

Accepted Answer

A summary judgment is actually granted only if there is no genuine question of fact, not law. The court must determine that the material facts of the case are undisputed and that one party is entitled to judgment as a matter of law.

Question 8

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)

Accepted Answer

A long arm statute is a law that allows a court to exercise jurisdiction over an out-of-state defendant who has committed a tort within the state. In this case, Megan is an out-of-state defendant who committed a tort (ran a red light and hit Sarah) within Texas, and therefore, the Texas court can exercise jurisdiction over her under the state's long arm statute. "In personam statute" and "in rem statute" are not accurate answers in this scenario. "Out-of-state jurisdiction statute" is not a commonly used or recognized term.

Question 9

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference between a trial and an appellate court is whether

Accepted Answer

The key difference between a trial and an appellate court is that a trial court is where the parties present evidence and testimony, and the judge or jury decides the case based on the facts presented. In contrast, an appellate court does not hear evidence or testimony, but instead, it reviews the lower court's decision to determine if there were any errors in the application of the law. Therefore, the correct answer is A, as it highlights the difference in the proceedings of a trial and appellate court.

Question 10

The verdict in a summary jury trial is binding.

Accepted Answer

Summary jury trials are non-binding where the parties involved in the trial can come to a settlement agreement based on the verdict, but the verdict itself is not legally binding.

Question 11

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

Accepted Answer

A closing argument is a statement made by each party at the end of a trial to summarize their case and persuade the judge or jury. It does not result in an automatic summary judgment in that party's favor.

Question 12

A motion for a new trial will be granted only if a constitutional issue is involved.

Accepted Answer

A motion for a new trial can be granted for a variety of reasons, not just constitutional issues. Some examples include new evidence that was not available during the trial, judicial error or misconduct, or newly discovered information that could have impacted the outcome of the trial.

Question 13

Any relevant material, except information stored electronically, can be the object of a discovery request.

Accepted Answer

The answer of Any relevant material, except information stored electronically,...

Question 14

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 15

Justin wants to file a suit against Mikayla. For a court to hear the case

Accepted Answer

For a court to hear a case, it must have jurisdiction, meaning it has the legal authority to hear the case. Mikayla's agreement is not necessary for the court to have jurisdiction. Depositions and property ownership do not determine jurisdiction.

Question 16

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. These principles may vary from jurisdiction to jurisdiction but are usually based on fundamental principles such as fairness, impartiality, and reasonableness.

Question 17

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have

Accepted Answer

Under the due process clause of the Constitution, a defendant must have minimum contacts with a state in order for a court to have jurisdiction over them. This means that the defendant must have some connection to the state such that it would be reasonable and fair for them to be sued in that state. Maximum, legitimate, and legal contacts are not legal standards for determining jurisdiction.

Question 18

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Accepted Answer

This is true. A motion for a directed verdict is a request made by the defendant or the plaintiff, at the close of the evidence, asking the judge to immediately direct a verdict in their favor because there is insufficient evidence to support the opposing party's claim. It is also commonly referred to as a motion for judgment as a matter of law.

Question 19

Arbitration is always legally binding.

Accepted Answer

The answer of Arbitration is always legally binding....

Question 20

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Accepted Answer

A deposition is indeed a sworn testimony given by a party to a lawsuit or any witness. It involves answering questions under oath with a court reporter recording everything that is said. This testimony can be used as evidence in court proceedings.

Quiz 3: Courts and Alternative Dispute Resolution