chapter 2 homework

Which of the following is not a form of ADR?

Litigation

Which of the following does the Supreme Court have to issue before it hears a case?

A writ of certiorari.

Which of the following is not required to establish standing in order to bring a lawsuit to court?

All individuals involved in the lawsuit must have retained suitable legal counsel.

Resolving the issue of ________ involves a court deciding whether a matter is one that must be resolved through arbitration.

Arbitrability

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons' car suffered only $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?

Because the johnsons live in the same state and the damages are too small

Exclusive Federal Jurisdiction

Cases involving Federal Crimes; bankruptcy; most patents, copyright, and trademark claims; and suits against the United States

Exclusive state Jurisdiction

Cases involving all matters not subject to federal jurisdiction.

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?

Choice of law clause.

Forum Selection Clauses

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

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

The Supreme Court hears all cases sent to it for review.

False

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

False

The power of judicial review has remained unchallenged since which Supreme Court decision?

Marbury v. Madison

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has

Minimum Contacts

In a mediation, a ______ third party meets with the parties and emphasizes points of agreement to bring them toward ________ of their dispute.

Neutral resolution

Cybersettle.com is an example of an organization that provides

Online Dispute Resolution

The question of whether commercial advertising is a form of speech protected by the First Amendment of the U.S. constitution is a _______

Questions of law

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

Subject Matter

Choose the flow chart below that represents the ordering of most court systems (state and federal).

Trial Courts → Intermediate appellate Courts → Supreme Courts

A California state court judge is deciding whether a trial will most conveniently be held in Los Angeles or San Francisco. In this case, the judge is considering the appropriate ________

Venue

A federal court can exercise jurisdiction if a case involves ________

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

Concurrent Jurisdiction

cases where both state and federal courts have power to hear the case, as in cases involving diversity of citizenship.

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:

conducted substantial business with Ohio residents through its Web site.

choice-of-law clause

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

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:

dismissed the suit because of the arbitration agreement.

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:

do nothing

John is a resident of Iowa. While driving through California, he is in an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has:

in personam jurisdiction.

Jackson, a homeowner, files a lawsuit against Michael, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as:

negotiation

Tina decides to take her claim against her Internet service provider to FairDeal.com, a private, online dispute resolution provider. This limits her access to the court system:

not at all.

Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely:

refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina.

John and Stacy have a disagreement that involves an item worth less than $5,000. Their dispute may be a candidate for:

small claims court.

Toybox, Inc., manufactures the Spintop, a toy that the company has discovered can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox. In seeking to have the suit dismissed, Toybox's best argument is that Anne does not have:

standing to sue.

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:

the Georgia Supreme Court.

Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because:

the case is being heard for the first time.

The doctrine of judicial review allows

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

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on:

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

Johnson Marine, Inc. and Westport Co. are involved in a maritime shipping dispute. Their contract has an arbitration clause. The arbitration clause _____ be enforced because of provisions in the ________ , which was enacted in ______ .

will Federal arbitration act 1925