BLAW CHAP 4 TEST REVIEW

The American Arbitration Association provides arbitration services for domestic disputes but not for international disputes.

false

federal court judge is an elected official.

false Federal court judges are appointed by the U.S. president and confirmed by the U.S. Senate. In contrast, state court judges are usually elected.

The U.S. Constitution expressly gives the power of judicial review to the legislative branch of government.

false The U.S. Constitution does not mention judicial review. Furthermore, the power of judicial review belongs to the judicial branch.

An arbitrator can never render a legally binding decision.

false they can

The body of American law includes:

federal and state constitutions, statutes, administrative laws, and case decisions.

In a lawsuit, an issue that must be decided by the judge involving the application or interpretation of a law is referred to as a:

question of law

In international arbitration proceedings, the third party may be

some other group or organization a neutral entity. a panel of individuals representing both parties' interests.

The number of justices on the United States Supreme Court is:

9

A major nonprofit provider of ADR services is the:

AAA

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of:

ARBITRATION

Jim files a suit against Kay. 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 renders a legally binding decision. This is:

ARBITRATION

If litigation takes place in two or more countries, each country will probably:

Apply its own national law to the transaction.

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:

Canada, the United States, or both.

Dick submits his claim against EZ Sales Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by:

Dick or EZ. EITHER CAN APPEAL

International treaties never stipulate arbitration for resolving disputes

FALSE

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards has not been implemented by the United States.

FALSE The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been implemented by the United States.

Joseph, a resident of Spain, sued Sandra, a resident of France, in Spain. If Joseph prevails, France must enforce the court's judgment.

FALSE Even if a plaintiff wins a favorable judgment in a lawsuit litigated in the plaintiff's country, the defendant's country could refuse to enforce the court's judgment.

The U.S. Constitution expressly gives the power of judicial review to the executive branch of government.

FALSE The U.S. Constitution does not mention judicial review. Furthermore, the power of judicial review belongs to the judicial branch.

The United States will not enforce a foreign court's decision.

FALSE The United States will generally enforce a foreign court's decision if it is consistent with U.S. national law and policy.

Appellate courts generally focus on questions of fact, not of law.

FALSE The opposite is true. Appellate courts generally focus on questions of law deferring to the trial court on questions of fact.

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

FALSE When analyzing whether diversity subject matter jurisdiction exists, a corporation is considered a citizen of (a) the state where it is incorporated and (b) the state where its principal place of business is located.

The main role of the judicial branch is to draft proposed laws for the populace to vote on.

FALSE he judicial branch does not draft proposed laws. The essential role of the judiciary is to interpret the laws and apply them to specific situations.

A function of the congress is to interpret and apply the law.

FALSE t is a function of the courts to interpret and apply the law. Congress has authority to pass laws called statutes.

If litigation takes place in two or more countries, each country will probably apply the law of the other country.

FALSE If litigation takes place in two or more countries, each country will probably apply its own national law to the transaction.

The U.S. Constitution expressly gives the courts the power of judicial review.

FALSE he U.S. Constitution does not mention judicial review.

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point, is referred to as a

Issues involving disputed facts are referred to as a question of fact.

While Congress was not meeting, the president appointed two members to the National Labor Relations Board. A party averse to the NLRB asserts that the president's appointment of the two members violated the Recess Appointments Clause of the U.S. Constitution. Which branch of government has authority to decide whether the president's action was constitutional or unconstitutional?

JUDICIAL BRANCH The legislative branch does not have the power of judicial review. Judicial review is the power to review the laws and actions of the legislative and executive branches. The judicial branch (the courts) have the power of judicial review, allowing them to decide whether actions of the congress and president are constitutional.

Jack and Jill, longtime friends, entered into a contract which could not be completed as anticipated, because of events beyond their control. They want to resolve their dispute without litigation and by agreement as they decide, but believe they need help from someone experienced at resolving such disputes. Which of the following dispute resolution mechanisms would work best for them?

MEDIATION

Emile's father just died, and his estate must be divided between his heirs. What kind of court will Emile go to in order to settle his father's estate?

Probate court

Juan took his tuxedo to the dry cleaner to be cleaned before his wedding, but the dry cleaner destroyed the tux, and Juan had to buy a new one for the wedding. If Juan wants to sue the dry cleaners for the loss of his tux, he would most likely file suit in this kind of court, which handles claims for a limited dollar amount, usually $5,000 or less.

SMALL CLAIMS COURT

Inferior Company sells products that are poorly made. Jack, who has never bought or used an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have:

STANDING

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is:

THE COURT

A federal case typically originates in a federal district court.

TRUE

The U.S. Constitution does not mention the power of judicial review

TRUE

The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved.

TRUE

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

TRUE

Bankruptcy courts are an example of a federal court with original, but special (or limited), jurisdiction.

TRUE Bankruptcy courts have special (or limited) jurisdiction. In contrast, federal district courts have general jurisdiction. Both bankruptcy courts and federal district courts have original jurisdiction, meaning a case begins in that court.

The Texas legislature passes a law making it illegal to criticize the governor of Texas. Which body of government could render a decision that this statute violates the U.S. Constitution?

The courts

The federal court system does not include the:

U.S. Chamber of Commerce

Federal cases typically originate in:

U.S. district courts.

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for:

a federal district court to exercise original jurisdiction.

In Harry's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party. A third party renders an opinion as to how a court would likely decide the dispute. This is:

a mini-trial.

A long arm statute allows a court to exercise jurisdiction over:

a nonresident defendant who has minimum contacts with the state in which the court is located.

Molly files a suit against Nick. 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 parties take part in mandatory negotiations. This is:

a summary jury trial. In a summary jury trial, the jury presents an advisory verdict, after which the parties take part in mandatory negotiations.

A federal court can exercise jurisdiction if a case involves:

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

Jan and Sarah entered into a contract, but then fell into a dispute, so the contract was not completed. Jan would like to settle the matter amicably, but Sarah refuses to talk to her. Since they cannot settle the matter themselves, and neither wants to go to court, their best option might be:

an arbitration

A court can exercise personal jurisdiction over:

any person or business that resides in a certain geographic area.

Abigail sues Zeke for defamation. At trial, Abigail and Zeke disagree over whether Zeke made a false factual statement about Abigail's business. The court found in favor of Abigail's version of events. On appeal, the appellate court will:

challenge the trial court's finding of fact if it is clearly erroneous

When both federal and state courts have the power to hear a case, these courts have:

concurrent jurisdiction

If a plaintiff wins a favorable judgment in a lawsuit litigated in the plaintiff's country, the:

defendant's country could refuse to enforce the court's judgment.

The American Arbitration Association provides arbitration services:

for international as well as domestic disputes.

This clause in a contract designates the court or country (jurisdiction) where any dispute arising under the contract will be litigated:

forum selection.

A state court can exercise personal jurisdiction over an out-of-state defendant if the defendant:

had minimum contacts with the state.

Standing can be broken into three elements:

harm, causation and remedy.

Unlike in other forms of alternative dispute resolution, an arbitrator:

imposes a resolution on the parties that may be binding or nonbinding.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been implemented:

in more than 145 countries, including the United States.

Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has:

in personam jurisdiction.

A state court can exercise jurisdiction over property located within its boundaries. This type of jurisdiction is called:

in rem jurisdiction.

After Mason loses his negligence case at the federal trial court, he appeals to the U.S. court of appeals and loses again. Mason then appeals to the U.S. Supreme Court, which denies his petition for a writ of certiorari. The effect of this denial:

is not a decision on the merits of case.

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch is called:

judicial review

The authority of a court to hear and decide a specific case is referred to as:

jurisdiction.

Venue refers to the:

most appropriate location for a trial.

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be:

negotiation because no third parties are needed.

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:

negotiation.

Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:

negotiation.

Business people who engage in international business transactions:

normally take special precautions to protect themselves.

A writ of certiorari issued by the U.S. Supreme Court indicates that:

the Court will hear the case.

International contracts often include a clause that disputes will be resolved by a neutral third party, such as:

the International Chamber of Commerce.

The doctrine of judicial review allows:

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

In order for a plaintiff to have standing to sue:

the plaintiff must have a sufficient stake in the matter. the plaintiff must demonstrate that he or she has been either injured or threatened with injury. the controversy at issue must be a justiciable controversy.

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because:

the process is not adversarial

The essential role of the judiciary is:

to interpret and apply the law.

State courts are independent of federal courts.

true

A function of the courts is to interpret and apply the law.

true Laws (e.g. constitutions and statutes) would be meaningless if there was no branch of government to interpret and apply those laws.