Business Law 340 Chapter 2 Quiz
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. review the merits of the dispute. B. set aside any award. C. review the sufficiency of the evidence. D. compel arbitration.
B. set aside any award.
Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from A. anything an Ohio resident has done. B. something other than Nick's Web site. C. Nick's Web site activities relating to conduct in Ohio. D. nothing an Ohio resident has done.
C. Nick's Web site activities relating to conduct in Ohio.
A Rhode Island state court can exercise jurisdiction over Standard Business Corporation, an out-of-state defendant, if Standard has minimum contacts with A. any lawyer or law firm. B. any of the choices. C. the state. D. the United States.
C. the state.
In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of A. a statement to the media. B. information to which Old Growth has a right of privacy. C. an admission in court. D. irrelevant evidence.
C. an admission in court.
Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for A. no court to exercise jurisdiction. B. a state court to exercise appellate jurisdiction. C. the United States Supreme Court to refuse jurisdiction. D. a federal court to exercise original jurisdiction.
D. a federal court to exercise original jurisdiction.
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. not a legitimate form of dispute resolution. B. arbitration. C. negotiation. D. mediation.
D. mediation.
Mediocrité, Inc., makes and sells goods that are substandard. Nancy, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Nancy does not have A. certiorari. B. venue. C. jurisdiction. D. standing.
D. standing.
A motion for summary judgment may be made before, during, or after a trial. True False
False
A trial commences with the plaintiff's attorney's direct examination of the first witness. True False
False
In mediation, the mediator proposes a solution and makes a decision resolving the dispute. True False
False
States do not have exclusive jurisdiction on any matter. True False
False
The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction. True False
False
A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers. True False
True
Small claims courts are inferior trial courts. True False
True
State supreme courts generally deny most appeals. True False
True
The United States Supreme Court can review any case sent to it on appeal by the federal court of appeals. True False
True
The role of the courts is to interpret and apply the laws. True False
True
The term alternative dispute resolution refers to any method for resolving a dispute outside the traditional judicial process. True False
True
The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings. True False
True
After the defense concludes its presentation, the attorneys present closing arguments. True False
True