Question 1

Juan sued Abram in state court, and lost his case. He immediately appealed to the intermediate level appellate court for his state, where he lost again. After losing again at the state supreme court level, he is so angry that he wants to take his case all the way to the U.S. Supreme Court. Does Juan have the right to have his case heard by the U.S. Supreme Court? What is the procedure he would use to get the U.S. Supreme Court to hear his case?

Accepted Answer

The United States Supreme Court has appe...

Question 2

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

Accepted Answer

A) True 
 B)False

Question 3

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

Accepted Answer

A)  conduct a new trial and re-examine the witnesses.
B)  apply the trial court's interpretation of the law in the case.
C)  defer to the trial court's findings on questions of fact.
D)  focus on what really happened in regard to the dispute.E) B) and D)
F) B) and C)

Question 4

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

Accepted Answer

A) True 
 B)False

Question 5

The simplest form of alternative dispute resolution is mediation.

Accepted Answer

A) True 
 B)False  False

Question 6

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Accepted Answer

A)  any of the choices.
B)  litigate it.
C)  settle it between themselves.
D)  resolve it through an alternative method, such as arbitration.E) A) and B)
F) B) and D) A

Question 7

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

Accepted Answer

A)  the jurisdiction of the courts.
B)  the writ of certiorari .
C)  the power of judicial review.
D)  the rule of four.E) None of the above
F) B) and C)

Question 8

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

Accepted Answer

A)  their right to sue.
B)  the right to engage in other methods of alternative dispute resolution.
C)  rights under statutes designed to protect the employee.
D)  the right to terminate the employment relationship without cause.E) A) and D)
F) C) and D)

Question 9

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

Accepted Answer

A)  under the minimum-contacts test.
B)  on the basis of a federal question.
C)  in no circumstances.
D)  only if Beef Packing files the suit.E) B) and C)
F) C) and D)

Question 10

The federal courts are an independent system of courts superior to the state courts.

Accepted Answer

A) True 
 B)False  False

Question 11

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

Accepted Answer

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

Question 12

Ovid wants to file a suit against Petra. For a court to hear the case,

Accepted Answer

A)  both parties must consent.
B)  the court must have jurisdiction.
C)  the parties must have diversity of citizenship.
D)  the parties must own property.E) B) and C)
F) A) and B)

Question 13

A federal court will apply federal law in a case involving a federal question.

Accepted Answer

A) True 
 B)False

Question 14

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

Accepted Answer

A) True 
 B)False

Question 15

That a favorable court decision will be likely to remedy an injury is an element of standing.

Accepted Answer

A) True 
 B)False

Question 16

The availability of different remedies is a factor that can affect

Accepted Answer

A)  a party's decision to litigate in a certain court.
B)  the in rem jurisdiction of a court.
C)  standing, venue, and other threshold issues.
D)  the determination of whether a court can exercise jurisdiction.E) B) and C)
F) A) and D)

Question 17

The jurisdiction of the federal courts is limited because

Accepted Answer

A)  the federal government has limited powers.
B)  Congress sets the limits.
C)  the territory of the United States is limited.
D)  the states can exercise their authority under long arm statutes.E) C) and D)
F) B) and C)

Question 18

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

Accepted Answer

A)  both parties consented to it.
B)  the rules for the arbitration are fair to at least one of the parties.
C)  the relevant state or federal statute does not include such claims.
D)  all of the choices.E) C) and D)
F) A) and B)

Question 19

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

Accepted Answer

A)  not required to hear the case.
B)  required to hear the case because Franco lost in a federal court.
C)  required to hear the case because Franco lost in a lower court.
D)  required to hear the case because it is an appeal.E) None of the above
F) All of the above

Question 20

Laws would have no discernible meaning without the courts to interpret them.

Accepted Answer

A) True 
 B)False

Exam 4: Courts and Alternative Dispute Resolution

Correct Answer
verified
The United States Supreme Court has appe...
View Answer

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

Correct Answer
verified

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

Correct Answer
verified

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

Correct Answer
verified

The simplest form of alternative dispute resolution is mediation.

Correct Answer
verified
False

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Correct Answer
verified
A

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

Correct Answer
verified

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

Correct Answer
verified

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

Correct Answer
verified

The federal courts are an independent system of courts superior to the state courts.

Correct Answer
verified
False

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

Correct Answer
verified

Ovid wants to file a suit against Petra. For a court to hear the case,

Correct Answer
verified

A federal court will apply federal law in a case involving a federal question.

Correct Answer
verified

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

Correct Answer
verified

That a favorable court decision will be likely to remedy an injury is an element of standing.

Correct Answer
verified

The availability of different remedies is a factor that can affect

Correct Answer
verified

The jurisdiction of the federal courts is limited because

Correct Answer
verified

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

Correct Answer
verified

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

Correct Answer
verified

Laws would have no discernible meaning without the courts to interpret them.

Correct Answer
verified

Exam 4: Courts and Alternative Dispute Resolution

Correct AnswerverifiedThe United States Supreme Court has appe...View AnswerShow Answer

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

Correct AnswerverifiedShow Answer

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

Correct AnswerverifiedShow Answer

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

Correct AnswerverifiedShow Answer

The simplest form of alternative dispute resolution is mediation.

Correct AnswerverifiedFalse

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Correct AnswerverifiedA

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

Correct AnswerverifiedShow Answer

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

Correct AnswerverifiedShow Answer

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

Correct AnswerverifiedShow Answer

The federal courts are an independent system of courts superior to the state courts.

Correct AnswerverifiedFalse

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

Correct AnswerverifiedShow Answer

Ovid wants to file a suit against Petra. For a court to hear the case,

Correct AnswerverifiedShow Answer

A federal court will apply federal law in a case involving a federal question.

Correct AnswerverifiedShow Answer

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

Correct AnswerverifiedShow Answer

That a favorable court decision will be likely to remedy an injury is an element of standing.

Correct AnswerverifiedShow Answer

The availability of different remedies is a factor that can affect

Correct AnswerverifiedShow Answer

The jurisdiction of the federal courts is limited because

Correct AnswerverifiedShow Answer

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

Correct AnswerverifiedShow Answer

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

Correct AnswerverifiedShow Answer

Laws would have no discernible meaning without the courts to interpret them.

Correct AnswerverifiedShow Answer

Correct Answer
verified
The United States Supreme Court has appe...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified
A

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified