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Exam 4: Courts and Alternative Dispute Resolution

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Question 21

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Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

A) no court to exercise jurisdiction.
B) a federal court to exercise jurisdiction.
C) any court to exercise jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.

E) None of the above
F) All of the above

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Question 22

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In a suit to compel arbitration, a court will order a dispute to be arbitrated if

A) both parties consented to it.
B) the rules for the arbitration are fair to at least one of the parties.
C) the relevant state or federal statute does not include such claims.
D) all of the choices.

E) A) and C)
F) B) and C)

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Question 23

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A question of law is generally the focus of an appellate court.

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

Rock Quarry Inc. and Serene Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with the quarry's representative to discuss the matter without the vineyard's representative being present. If this substantially prejudices the grape grower's rights, a court will most likely

The simplest form of alternative dispute resolution is mediation.

Any court can exercise jurisdiction over any person.

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

The jurisdiction of the federal courts is limited because

Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

A challenge to the constitutionality of an executive order that limits certain state actions is

Large corporations that do business in many states are now automatically subject to jurisdiction in all of them.

In a case based on diversity of citizenship, a court will apply

A dispute between two cheese makers-Cheddar Creamery Company and Deli Dairy Inc.-falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

Jurisdiction refers to the right of a citizen to bring a case before a court.