Business Law Quiz 4 (Chapter 3)

Hermione and Marvin have a long standing relationship that they would prefer to maintain, even though they are currently divided over how best to resolve a dispute concerning a delivery of grain. To minimize the possibility that this dispute will undermine their relationship, Hermione and Marvin should probably hire the services of

a mediator

Carol files a suit against Delta Hog Trap Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is

a motion for summary judgement.

Carl files a suit against Dina, over a contract between them. Before the trial begins, Carl can obtain from Dina

access to related documents in Dina's possession.

Mathias and Dunwitty sign a contract for the capture of possums for making possum tail soup and possum jerky. The contract contains a clause that provides if a dispute arises, they will submit the dispute to arbitration. They get into an argument over the age and size of the possums being delivered. Rather that submit to arbitration, Mathias files a suit against Dunwitty. Under normal circumstances, the court would

compel Mathias to arbitrate

Sam files a suit against Tina. If this suit is like most cases, it will be

dismissed or settled before the parties enter a courtroom.

T/F: After a decision has been rendered in a case, neither party may file an appeal.

false

T/F: An arbitrator can never render a legally binding decision.

false

T/F: An arbitrator's mistake in a finding of fact or a conclusion of law is the only basis for setting aside an award.

false

T/F: Cyberspace is its own jurisdiction.

false

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

false

T/F: Mediation is adversarial in nature.

false

T/F: The Internet has no effect on a court's assertion of personal jurisdiction.

false

T/F: The United States Supreme Court has appellate authority over all cases decided in the state courts.

false

T/F: A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.

true

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

in rem jurisdiction.

Doug files a suit in Ohio against Beth over the ownership of a boat docked in Ohio. Doug and Beth are residents of New York. Beth could ask for a change of venue on the ground that New York

is a more convenient location to hold the trial

Lulu files suit against Carl Jr. Before going to trial, the parties meet, with their attorneys present to represent them, to try to resolve their dispute without the involvement of a third party. This is

negotiation

T/F: State courts are independent of federal courts.

true

T/F: The courts act as a check on the other branches of government.

true

T/F: To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

true