Business Law- MindTap Ch 2

Mediation

A neutral third party meets with the parties and emphasizes points of agreement to bring them toward a resolution of their dispute

A federal court can exercise jurisdiction if a case involves...

A treaty, U.S. Constitution, or a federal law

_______ involves a court deciding whether a matter is one that must be resolved through arbitration.

Arbitrability

Exclusive State Jurisdiction

Cases involving all matters not subject to federal jurisdiction

Exclusive federal jurisdiction

Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the united states

Concurrent Jurisdiction

Cases involving federal questions and diversity-of-citizenship cases

Standing to sue has three elements. What are they?

Causation, remedy, and harm.

Appellate or reviewing courts

Deal with questions of law

Choice-of-Law Clause

Designates which nation's law will be applied if there is a dispute over a contract

Forum Selection Clauses

Designation of Jurisdiction )court or country) where any dispute will be litigated

Original Jurisdiction

Exists with courts that have the authority to hear a case for the first time, called trial courts.

T/F: Acme Devices supplies their devices to a buyer in Germany. If Acme designates in the contract that any dispute will be litigated in the United States, this is an example of a choice of law clause.

False

T/F: The supreme court hears all cases sent to it for review

False

T/F: When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam.

False

Subject matter jurisdiction

Limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction

Trial courts

Often deal with questions of fact

Negotiation

Parties meet informally with or without attorneys and attempt to agree on a resolution

Arbitration

The parties present their arguments and evidence before an arbitrator at a hearing and the arbitrator renders a decision resolving the parties' dispute

The ordering of most court systems (state and federal)

Trial courts...Intermediate Appellate courts...Supreme courts

Courts that are part of the federal court system

U.S. District Courts, Court of International Trade, United States Supreme Court

The power of judicial review has remained unchallenged since which Supreme Court decision? a. Marbury v. Madison b. Miranda v. Arizona c. Texas v. Johnson

a. Marbury v. Madison

Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of fact. The court will likely a. do nothing. b. review the merits of the dispute. c. set aside the arbitrator's award. d. review the sufficiency of the award.

a. do nothing.

A major not-for-profit provider of ADR services is: a. The SJT b. The AAA c. The FDA

b. The AAA

Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has a. interacted with at least three Ohio residents through its Web site. b. conducted substantial business with Ohio residents through its Web site. c. a commercial cyber presence. d. received a national trademark and domain name for its Web site.

b. conducted substantial business with Ohio residents through its Web site.

Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court. Charles appeals to the state court of appeals. Losing again, he files his next appeal with a. a U.S. Circuit Court of Appeals. b. the Georgia Supreme Court. c. a U.S. district court. d. the United States Supreme Court.

b. the Georgia Supreme Court.

Which of the following does the Supreme Court have to issue before it hears a case? a. A statement to the press indicating that it will hear a case. b. An exact date and time of when a case will be reviewed. c. A writ of certiorari.

c. A writ of certiorari.

Marshall is working on a contract with a U.S. company involving the manufacturing of goods in China, and wants to ensure that U.S. law applies in the event of a dispute. He should include which of the following clauses in the contract. a. International treaty clause. b. Forum selection clause. c. Choice of law clause. d. Arbitration clause.

c. Choice of law clause.

Miller signed an employment contract containing an arbitration clause stating that "any dispute" arising during employment must be resolved by binding arbitration. Two years later, after she was injured on the job and took leave to recover, she was fired. She filed a complaint for disability discrimination with the Equal Employment Opportunity Commission, which gave her a "right to sue" letter. She then filed suit in federal court against her employer for disability discrimination. The court a. allowed the suit to proceed because arbitration clauses cannot limit the ability to file suit in federal court, only in state court. b. allowed the suit to proceed because federal rights take precedence over an arbitration clause in a contract. c. dismissed the suit because of the arbitration agreement. d. dismissed the suit because it must be filed in state court.

c. dismissed the suit because of the arbitration agreement.

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on a. whether a case is brought by an individual or a business. b. how many defendants are named in the lawsuit. c. the subject matter of the cases that the court can decide. d. whether the court is exercising in personam or in rem jurisdiction.

c. the subject matter of the cases that the court can decide.

Appellate jurisdiction

exists with courts of appeal and review

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has _______ with the state in which the court is located.

minimum contacts

The doctrine of judicial review allows

the judicial branch to decide whether laws or actions of the other two branches are constitutional