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BUL 4310 - chapter 4

Terms in this set (15)

A federal court will apply federal law in a case involving a federal question.
True
Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

a.) minimum contacts
b.) standing to sue
c.) exclusive jurisdiction
d.) venue
standing to sue
The availability of different remedies is a factor that can affect

a.) the determination of whether a court can exercise jurisdiction
b.) a party's decision to litigate in a certain court
c.) the in rem jurisdiction of a court
d.) standing, venue, and other threshold issues
a party's decision to litigate in a certain court
That a favorable court decision will be likely to remedy an injury is an element of standing.
True
Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

a.) none of the choices
b.) arbitration
c.) mediation
d.) negotiation
Meditation
Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

a.) the subject matter of the suit is interesting and new
b.) the court has a unique method of deciding whether to hear a case
c.) the court has unusual procedural rules
d.) the case is being heard for the first time
the case is being heard for the first time
Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.
True
Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

a.) minimum contacts between Heyli and any Iowa resident
b.) substantial business between Jen and Heyli through Heyli's website
c.) no interactivity between Heyli and any Iowa resident through Heyli's website
d.) the Internet's capacity to bypass boundaries
substantial business between Jen and Heyli through Heyli's website
Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.
True
The jurisdiction of the federal courts is limited because

a.) the federal government has limited powers
b.) the territory of the United States is limited
c.) the states can exercise their authority under long arm statutes
d.) Congress sets the limits
the federal government has limited powers
Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

a.) arbitration
b.) mediation
c.) early neutral case evaluation
d.) negotiation
arbitration
In a case based on diversity of citizenship, a court will apply

a.) any law that the parties to the case agree to apply to their dispute
b.) federal common law
c.) the relevant state law
d.) the law that produces the most equitable result
the relevant state law
Judicial review is the process through which Congress approves or rejects judicial appointments.
False
In a suit to compel arbitration, a court will order a dispute to be arbitrated if

a.) all of the choices
b.) both parties consented to it
c.) the relevant state or federal statute does not include such claims
d.) the rules for the arbitration are fair to at least one of the parties
both parties consented to it
Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

a.) arbitration
b.) mediation
c..) litigation
d.) negotiation
negotiation
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