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Exam 3: Courts and Alternative Dispute Resolution

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Question 21

Multiple Choice

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

A) not required to hear the case.
B) required to hear the case because D'Antoni lost in a federal court.
C) required to hear the case because D'Antoni lost in a lower court.
D) required to hear the case because it is an appeal.

E) None of the above
F) A) and B)

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Question 22

Multiple Choice

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Carol files a suit against Andy in a state trial court and loses. Carol

A) cannot take her case any higher in the court system.
B) can insist that the United States Supreme Court hear her case.
C) can plead her case before an appellate court.
D) can plead her case before a small claims court.

E) B) and C)
F) A) and C)

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Question 23

Essay

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Tech Performance,Inc.,completes programming and other tech services for Uno IT Products Corporation. When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech Performance'sincompetence and files a complaint in a federal court against the firm. What are Tech Performance'soptions in response?

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc. Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable. This is a

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

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

Tyler,a citizen of Utah,files a suit in a Utah state court against Veritas Sales Corporation,a Washington state company that does business in Utah. The court has original jurisdiction,which means that

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

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

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

Negotiation is the most complex form of alternative dispute resolution.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

Noah files a suit in a state court against Olivia. The case proceeds to trial,after which the court renders a verdict. If either party appeals,the clerk of the trial court will send to the clerk of the appellate court within a prescribed pe-riod of time

Milo files a suit against Nick in an Ohio state court,noting that Nick op-erates a Web site through which Ohio residents have done substan-tial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

All Bikes,Inc.,a firm in Wisconsin,advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm

Lorena files a suit against Milton. Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute. A third party sug-gests or proposes a resolution,which the parties may or may not decide to adopt. This is

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

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.