Homework 2 Business Law

The federal court system consists of trial courts, intermediate appellate courts and a(n): _______. Multiple choice question. house of representatives president court of last resort magistrate's court Correct Answer Complaints against corporations are generally served on Multiple choice question. the District Attorney. the general counsel. the post office. a registered agent. Correct Answer a registered agent. According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. Multiple choice question. it seems unfair to assert long-arm jurisdiction over him or her he or she has sufficient minimum contacts within the state he or she acts on the Internet to an online audience he or she is doing business in the state Correct Answer he or she has sufficient minimum contacts within the state Each of the fifty states has its own state court system, but the United States also has a(n) ______ court system. Multiple choice question. supreme concurrent exclusive federal Correct Answer federal A court that has jurisdiction over a case has the authority to hand down a decision that ______ the parties. Multiple choice question. advises is agreed upon by the binds conciliates Correct Answer Binds Which of the following statements are true of the US Supreme Court? (Check all that apply.) It is the final appellate court in the federal system. It hears appeals of cases from the court of last resort in a state system. The federal court system derives its power from ______ of the United States Constitution. Article III, Section 2 State court systems, like the federal court system, have courts of both general and ______ jurisdiction. Limited True or false: It is not possible to obtain in personam jurisdiction over a corporation because a corporation is not a person. False The structure of the state court systems is very similar to the federal court system and, therefore, state courts of last resort can be likened to the: _______. U.S. Supreme Court State long-arm statutes allow for service of process on defendants who: _______. live outside the state Alternative Dispute Resolution methods are intended to help the parties avoid litigation. Once a plaintiff files a case in the federal or state court system, the case remains in that system throughout the ______ process. Appellate Common ADR methods include: (Check all that apply.) mediation. negotiation. summary jury trial. When the issue on appeal in a case is purely a state law issue, the U.S. Supreme Court: _______. will not hear the case How many months does it take the average case to move from complaint to resolution? 25 months State courts that cannot award large damage amounts are typically called ______ courts. small claims In ______, the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute. Mediation The highest court in most state court systems is called the ______ court. Supreme True or false: Mediation is more expensive than litigation. False True or false: Alternative Dispute Resolution methods can only be used for breach of contract cases. False Reason: ADR methods are used to settle many disputes, ranging from tort to contract to environmental cases. Parties typically resort to arbitration to resolve a dispute because they agreed to arbitrate in a(n): _______. Contract True or false: Negotiation is the least formal of the alternative dispute resolution methods because it can often occur without counsel present. True Reason: Arbitration, summary jury trial, mediation and minitrials typically require the presence of an attorney. ADR is faster and less expensive than litigation. One of the benefits of arbitration over litigation is that arbitrators, unlike judges, are not bound by: _______. Precedent When the parties to a dispute decide to mediate, the third party selected to oversee the mediation must be: _______. neutral. Because appealing an arbitration award is so difficult, some legal scholars argue that ______ is more likely to occur. Injustice Whereas the result of litigation is either a verdict for or against a party, the mediation process allows for more ______ solutions to a dispute. Creative The Alternative Dispute Resolution Act states that litigants in the federal district court must ______ the use of ADR. Consider Most arbitrations begin with: _______. a demand for arbitration In the United States district courts, the preferred method of alternative dispute resolution is mediation. During complex litigation, discovery disputes are sometimes overseen and resolved by a(n) _______. special master When Google filed a complaint with the National Arbitration Forum because another party had registered the following Internet domain names: googkle.com, ghoogle.com, gfoogle.com, and gooigle.com, the NAF: _______. transferred the names to Google.com Many organizations offer dispute resolution for international disputes, including the: _______. American Arbitration Association Identify a true statement about the 1998 Alternative Dispute Resolution (ADR) Act. It gives district courts the authority to decide whether to require ADR. The United Nations Convention on the Recognition and Enforcement of Arbitral Awards is called the: _______. New York Convention Who among the following are most likely to be used as mediators in mediation programs of the circuit courts? Judges Lawyers Identify the true statements about arbitration. It is more efficient than litigation. Parties can choose a subject-matter expert as their arbitrator. Alternative dispute resolution is favored in international disputes because of questions surrounding: _______. jurisdiction awards The _____ Convention ensures that the arbitration awards will be enforced by countries that are parties to a treaty. United Nations