Ch. 1 & 3
True
A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
False
An arbitrator can never render a legally binding decision because that is always left up to the courts.
in personam jurisdiction
Another term used for personal jurisdiction is
negotiation.
Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is
case law.
Common law is
standing.
Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a Consumer Goods product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Tina does not have
True
Discovery is a process for gathering evidence and information in a suit.
the selection of jurors
During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is
True
The U.S. Constitution is the supreme law of the United States.
order the parties to arbitrate
Jan and Kyle sign a contract that provides if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jan files a suit against Kyle. The court will likely
in rem jurisdiction
Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has
arbitration.
Mike files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to formally present their dispute to a third party (other than a court) who renders a legally binding decision. This is
True
Most lawsuits are settled or dismissed before they go to trial.
False
The Uniform Commercial Code has not been adopted by any state.
mediation
Sally files a suit against Tom. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute. A third party assists them in reaching an agreement. This is
False
Statutory law includes only state statutes.
a dissenting opinion.
The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, eight believe the judgment should be in National's favor. Justice Pine disagrees and writes a separate opinion. This opinion is
True
The courts act as a check on the other branches of government.
jurisprudence
The study of the science and philosophy of law is called
interrogatories
Which type of discovery is being utilized if one party's attorney sends a set of written questions to the other party's attorney?