Claw Test 1

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration.

A

. Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court. Operational Processes is a. the appellant. b. the appellee. c. the defendant. d. the respondent.

A

. Refer to Fact Pattern 3-1. Oona, a third party, resolves the dispute between Morsels and Nature. In most states, Oona must issue an award or decision in writing a. if the resolution involved arbitration. b. if the resolution involved mediation. c. if the resolution involved negotiation. d. under no circumstances

A

. Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain a. information that is relevant to the case. b. private information about Sunrich's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.

A

. To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts a. not at all. b. until the ODR service has issued a decision. c. with respect to any dispute arising between them. d. with respect to this dispute only.

A

3. Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

A

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of- state company, if the firm has a. minimum contacts with the state. b. maximum contacts with the state. c. medium contacts with the state. d. no contacts with the state.

A

As a judge in a federal court, Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as a. judicial review. b. jurisdiction. c. venue. d. early neutral case evaluation.

A

Bob's Big Burgers n' Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is a. monetary damages. b. a decree of specific performance. c. a judicial proceeding for the resolution of a dispute. d. an injunction.

A

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term a. cyberlaw. b. civil law. c. equitable maxims. d. IRAC.

A

Fair Trade Company and Good Shipping. Inc., have their dispute resolved in arbitration. The arbitrator meets with Fair's representative to discuss the dispute outside the presence of Good's representative, before determining the award. If this meeting substantially prejudiced Good's rights, a court will most likely a. do nothing. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside the award.

A

HoneyBee Foods, Inc., in Illinois, and Jelly Roll Pastries, in Kentucky consent to have their dispute resolved in arbitration according to the law of Illinois. This is a ground for a court to a. compel arbitration. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside any award.

A

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.

A

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.

A

Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines a. how that statute will be applied. b. how the law needs to be changed. c. how the common law should be codified. d. nothing.

A

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is a. counterclaim. b. motion for judgment on the pleadings. c. motion for summary judgment. d. motion to dismiss.

A

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is a. specific performance. b. damages. c. rescission. d. beyond the court's authority.

A

Much of American law is based on a. the English legal system. b. the French legal system. c. Greek civil law. d. ancient Chinese law.

A

Orson files a suit against Portia. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parties. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

A

Refer to Fact Pattern 2-1. After a final determination in the case of Martin v. Nichelle, any judgment will be satisfied a. if the losing party pays the judgment. b. if the winning party has sufficient assets to cover the amount of damages sought. c. if the losing party proves that he or she is unable to pay the judgment. d. all of the choices.

A

Refer to Fact Pattern 2-1. After its review of Martin v. Nichelle, the appellate court upholds the lower court's verdict. The appellate court has a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.

A

Refer to Fact Pattern 2-1. After the state's highest court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if a. a federal question is involved. b. a question of state law remains unresolved. c. the party is unsatisfied with the result. d. the state trial and appellate court rulings are different.

A

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.

A

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. "285" is a. the number of the volume in the official reports of the court's decisions. b. the number of the volume in Thomson Reuter's unofficial publication of the court's decisions. c. a page number in the appropriate volume. d. the number of the case in the sequence decided by the state's highest court.

A

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Pennsylvania only. d. the United States Supreme Court only.

A

To Sam, the written law of a particular society at a particular time is most significant. Sam is a a. legal positivist. b. person who adheres to the historical school of legal thought. c. legal realist. d. person who adheres to the natural law tradition.

A

To resolve a dispute, Ripley in South Dakota and Tyler in Utah utilize Virtual Solution, a nonbinding online dispute resolution (ODR) service. This limits these parties' recourse to the courts a. not at all. b. until the ODR service has issued a decision. c. with respect to any dispute arising between them. d. with respect to this dispute only.

A

Neville files a suit against Olina. If Olina fails to respond, a. Neville must appeal the case to a different court. b. Olina's failure to respond will be considered to be a denial. c. Neville will not be awarded the remedy sought. d. Olina will have a default judgment entered against her

D

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to a. none of the choices. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside the award.

D

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This a. is a decision on the merits that has value as a precedent. b. indicates agreement with the Montana court's decision. c. means nothing. d. means that the Montana court's decision is the law in Montana.

D

. Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. by indisputable proof. d. to the extent promised in her attorney's opening statement.

B

. Lucille files a suit against Murray. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is a. a mini-trial. b. a summary jury trial. c. early neutral case evaluation. d. not a legitimate form of dispute resolution

B

. O'Reilly files a suit against Petrarch. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is a. a mini-trial. b. a summary jury trial. c. court-ordered arbitration. d. early neutral case evaluation.

B

Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to a. a U.S. district court. b. the Colorado Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Ninth Circuit.

B

Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point—previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.

B

Lewis wants to file a suit against Mikayla. Before any court can hear the case a. the parties to the dispute must agree. b. the court must have jurisdiction. c. the court must issue a deposition. d. the parties must own property.

B

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

B

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise jurisdiction, the issue is whether Naomi, through her ad, has a. a commercial cyber presence in Ohio. b. conducted substantial business with Ohio residents. c. claimed to be a resident of Ohio. d. solicited virtual business in Ohio.

B

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of a. appeal. b. certiorari. c. jurisdiction. d. summons.

B

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. a cross-examination. b. a deposition. c. voir dire. d. an interrogatory.

B

. In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear a. all of the evidence. b. most of the evidence. c. none of the evidence. d. select pieces of evidence.

C

. Refer to Fact Pattern 3-1. A faster settlement of the dispute between Morsels and Nature may be reached through a. arbitration because the case will be heard by a mini-jury. b. litigation because few disputes actually go to trial. c. mediation because the parties can minimize the procedural rules. d. negotiation because the dispute will be resolved by an expert.

C

Bean House Coffees and Java Distributors, Inc., have a long-standing business relationship that they would like to continue. For this reason, they may prefer to settle any dispute between them through facilitation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert.

C

Donatello files a suit against Erasmus. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

C

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves a. specific performance. b. an injunction. c. rescission. d. an action that the court cannot order.

C

Milo files a suit against Otis. At the trial, each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision. This is a. a mini-trial. b. a summary jury trial. c. litigation. d. not a legitimate form of dispute resolution.

C

The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies a. only to businesses not covered by state law. b. only to those states that consent to apply it. c. to all of the states. d. to none of the states.

C

Transcontinental Tours, a U.S. firm, and Victoria Hotels, Ltd., a Canadian firm, enter into a contract that does not have a forum-selection or choice-of- law clause. Litigation between Transcontinental and Victoria over a dispute involving this contract may occur in a. Canada only. b. Canada or the United States, but not both. c. Canada, the United States, or both. d. the United States only.

C

. During the trial phase of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is a. an assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. d. the selection of jurors.

D

. Fair Trade Company and Good Shipping. Inc., have their dispute resolved in arbitration. The arbitrator meets with Fair's representative to discuss the dispute outside the presence of Good's representative, before determining the award. If this meeting substantially prejudiced Good's rights, a court will most likely a. do nothing. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside the award.

D

. The least expensive method of resolving a dispute between Ronald and Sharon may be a. arbitration because the case will be heard by a mini-jury. b. litigation because each party will pay its own legal fees. c. mediation because the dispute will be resolved by a non-expert. d. negotiation because no third parties are needed.

D

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. neither provision will be enforced. b. the provisions will be balanced to reach a compromise. c. the state provision, not the U.S. Constitution, will be enforced. d. the U.S. Constitution, not the state provision, will be enforced.

D

Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.

D

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. regulations created by administrative agencies. b. constitutional provisions. c. statutes enacted by legislatures. d. sound bites in the media.

D

Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. hiring and firing decisions. b. the manufacturing and marketing of products. c. business financing. d. all of the choices.

D

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely a. compel arbitration. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside any award.

D

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a statement refuting any defense that the defendant might assert. c. a motion for judgment on the pleadings. d. a statement alleging the facts showing the court has jurisdiction.

D

Clause in a contract between tall timber Corp a us firm and wang woods a jap firm specifies that disputes over the contract will be adjudicated in the us

That is a forum-selection clause