Question 1

Which of the following is true regarding federal jurisdiction?

Accepted Answer

Federal courts may have concurrent jurisdiction with state courts, and federal courts have exclusive jurisdiction over a few cases.

Question 2

A person must be a lawyer in order to serve as an arbitrator.

Accepted Answer

Lawyers, professors, and other professionals typically serve as arbitrators.

Question 3

Med-arb is a type of ADR method.

Accepted Answer

Med-arb is a dispute resolution process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.

Question 4

Which of the following is typically an appropriate venue in a lawsuit?

Accepted Answer

Usually, the trial court for the county where the defendant resides is the appropriate venue. If a case involves property, the trial court where the property is located is also an appropriate venue. Finally, if the focus of the case is a particular incident, the trial court where the dispute occurred is an appropriate venue.

Question 5

An arbitrator is more likely to issue a compromise decision than a judge.

Accepted Answer

Because the arbitrator was hired to resolve a dispute between two parties, the arbitrator is more likely to make a compromise ruling instead of a win-lose ruling.

Question 6

Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called _____________.

Accepted Answer

Most states have enacted long-arm statutes that enable the court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state.

Question 7

Early neutral case evaluation provides a binding ruling by a neutral.

Accepted Answer

With early neutral case evaluation, the parties select a neutral third party and explain their respective positions to this neutral, who then evaluates the strengths and weaknesses of the case. The parties use this evaluation to reach a settlement.

Question 8

Which of the following is a question of fact?

Accepted Answer

A question of fact is a question about an event or characteristic in the case.

Question 9

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?

Accepted Answer

Once a case is in the proper court system, venue determines which trial court in the system will hear the case.

Question 10

Courts are generally critical and unsupportive of ADR methods.

Accepted Answer

Courts also generally support the use of ADR, which alleviates some of the pressure on the overwhelming court dockets.

Question 11

Over which of the following does the federal court system have exclusive jurisdiction?

Accepted Answer

Federal courts have exclusive jurisdiction in admiralty cases, bankruptcy cases, cases involving federal criminal prosecutions, cases in which one state sues another state, claims against the United States, and other claims involving federal statutes that specify exclusive federal jurisdiction.

Question 12

For purposes of diversity-of-citizenship, where does a corporation reside?

Accepted Answer

A business may reside in two states: the state of its incorporation and the state of its principal place of business.

Question 13

A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called _____________.

Accepted Answer

Service of process is the procedure by which courts present these the summons and complaint to defendants.

Question 14

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

Accepted Answer

When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of removal.

Question 15

Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?

Accepted Answer

In rem jurisdiction is the power of a court over the property or status of an out-of-state defendant located within the court's jurisdiction area.

Question 16

Which of the following is needed for diversity-of-citizenship?

Accepted Answer

A diversity-of-citizenship case must satisfy two conditions: (1) the plaintiff(s) does (do) not reside in the same state as the defendant(s), and (2) the controversy concerns an amount in excess of $75,000.

Question 17

Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damage to Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for a farm in Alabama. Which of the following is true?

Accepted Answer

Courts can gain quasi in rem jurisdiction, or attachment jurisdiction, over a defendant's property unrelated to the plaintiff's claim.

Question 18

Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?

Accepted Answer

For a person to have standing, the outcome of a case must personally affect him or her.

Question 19

Which of the following is true regarding state and federal court jurisdiction?

Accepted Answer

Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction, and state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system

Question 20

Which of the following do appellate courts primarily handle?

Accepted Answer

Appellate courts handle only questions of law, not questions of fact.

Quiz 2: Business Ethics and Social Responsibility