Legal Business, Exam 1

False

A key to avoiding business disputes is to go ahead without thinking ahead

False

A person directly involved in the events concerning a lawsuit is known as an expert witness

Minimum contacts with the state

An Oklahoma state court can exercise jurisdiction over Petro Resources Inc. an out of state company if the firm has:

False

An appellate court cannot reverse the decision of a trial court that erred

The case could be heard in either a federal court in Texas or a state court in Texas

Assume that the lawsuit was for $100,000 and the state of Texas had personal jurisdiction over all of the parties, as well as proper subject matter jurisdiction. which of the following is true?

Probably not, since the company itself did not reach out to Montana

Assume that the plaintiff is the customer from Texas and that is customer moved to Montana. Would Montana have jurisdiction.

Probably not, since the company has not reached out to anyone in Montana.

Assuming that caleb is correct about the amount of contact that Wizard Internet has had with people in montana, is it likely that the courts in Montana would have jurisdiction over Wizard?

plead her case before an appellate court

Carol files a suit against Andy in a state trail court and loses. Carol can?

True

Discovery is the process of obtaining information from an opposing party before trial

The parties will ask a neutral third party or a panel of experts to hear the dispute and impose a binding resolution

If Caleb is correct that the contract had an arbitration clause and the clause was valid, which of the following is true?

an order to do or to refrain from doing a particular act

In a suit againsnt Ian, Jenna obtains an injunction. This is:

the legal means to recover a right or to redress a wrong

In an action against Gina, Harry obtains a remedy. This is:

True

In most state, if neither party requests a jury, the court presumes the parties waive this right.

All of the above 1. can force someone to appear in a court in a state in which they do not live 2. is establish using a sliding scale test if business is an internet business 3. can be invoked if someone has minimum contacts with a state

In the case, the plaintiffs may ask the Montana courts to use a long arm statue. A long arm statue:

The north dakota supreme court

Laredo loses his suit against Mclain in North Dakota state trail court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to

True

Law consist of enforceable rules governing relationship among individuals and between individuals and their society.

negotiation

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of

A counterclaim

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

an action

Oleg and Earl are involved in a lawsuit, this is known as

notice of the lawsuit.

Pad, Pod & Phone Accessories LLC (3PA) makes "PacBacs," a famous brand of cases for electronic devices. Without 3PA's consent, Offshoot Rip-Offs Inc. begins to use "pacbacs" as part of a domain name. 3PA files a suit against ORO. Service of process for this suit must provide

an award

SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called

False

Service of process is the process of obtaining information from an opposing party before trial.

False

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights

True

Statutory law includes state statues and federal statues

certiorari

The Kentucky Supreme court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of :

No one

The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by:

Wyoming only

The legislation of the state of Wyoming enacts a new statue that sets standards for the liability of buisnessess selling defective products. This statue applies in

True

The role of the court is to interpret and apply the laws

True

The term alternative dispute resolution refers to methods for resolving disputes outside the traditional judicial process

both jurisdiction over wizard internet and jurisdiction over the subject matter of the lawsuit

if the court in Montana wants to be able to hear the case against wizard internet, the court has to have?