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Exam 3: The Courts and Alternative Dispute Resolution

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Question 1

True/False

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The term alternative dispute resolution refers to any method for resolving a dispute outside the traditional judicial process. 

A) True
B) False

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Question 2

Multiple Choice

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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 federal court to exercise original jurisdiction. 
C)  ​a state court to exercise appellate jurisdiction. 
D)  ​the United States Supreme Court to refuse jurisdiction.

E) A) and B)
F) All of the above

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B

Question 3

Multiple Choice

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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​ 

An appellate court can reverse the decision of a trial court that erred. 

To have standing to sue,a party must have a sufficient stake in a matter to justify seeking relief through the court system. 

A justiciable controversy is a case in which the court's decision-the "justice" that will be served-will be controversial. 

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts 

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​ 

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC appeals the court's decision,asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff.Therefore,argues BSC,the appellate court should reverse the trial court's decision.Is the appellate court likely to reverse the trial court's findings with respect to the facts? If not,why not? What are an appellate court's options after reviewing a case?​

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pecan Corp.is heard in an appellate court.The difference between a trial and an appellate court is whether​ 

A court's review of an arbitrator's award may be restricted. 

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​ 

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​ 

Hua,a resident of Illinois,owns a warehouse in Indiana.A dispute arises over the ownership of the warehouse with Jac,a resident of Kentucky.Jac files a suit against Hua in Indiana.Regarding this suit,Indiana has​ 

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

A trial commences with the plaintiff's attorney's direct examination of the first witness. 

Neville files a suit against Olina.If Olina fails to respond,​ 

In a few states,in suits brought in small claims courts,lawyers are not allowed. 

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision,they will have used the method of​ 

The United States Supreme Court can review any case decided by any of the federal courts of appeals.