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Exam 2: Courts and Alternative Dispute Resolution

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Question 21

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Negotiation requires the use of a neutral third party to facilitate a settlement.

A) True
B) False

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Question 22

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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? Why or why not? What are an appellate court's options after reviewing a case?

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An appellate court will reverse a lower ...

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Question 23

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Jurors must decide a case based only on the information that they learn during the trial.

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss could resolve their dispute through

In a suit by Citizens Conservation Organization (CCO) against Deep Mining Inc. ,CCO serves a written request for the defendant to admit the truth of matters relating to the trial.Deep Mining's admission in response

Quint files a suit against Ranchland Corporation.Ranchland believes that even if Quint's statement of the facts is true,according to the law Ranchland is not liable.Ranchland should

For purposes of diversity jurisdiction,a corporation is not considered a citizen of any particular state.

A default judgment is a judgment entered by a court against neither party to a case.

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

Quarry Mining Inc.and Riverside Vineyards agree to resolve a dispute in arbitration.The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present.If this substantially prejudices Riverside's rights,a court will most likely

The minimum-contacts requirement is met if a corporation does such substantial business that it is "at home" in a state.

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint.If TST files a motion to dismiss,the firm is asserting that

Grain Farms,Inc. ,files a suit against Harvest Services.Before the court can exercise jurisdiction over Harvest,the court must have proof that

Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator decides issues that the parties did not agree to submit to arbitration.This is a ground for a court to

Martin files a suit against Nichelle in a state court over an employment contract.The case proceeds to trial,after which the court renders a verdict.The case is appealed to the state's highest court.After that court's review of Martin v.Nichelle,a party can appeal the decision to the United States Supreme Court if

In a case based on diversity of citizenship,a federal court will apply the relevant state law.

A judicial decision on the constitutionality of an executive order that limits certain state actions is

Honi is not a resident of Iowa although her website can be accessed by residents of that state.Jean files a suit against Honi in an Iowa state court.The court is most likely to have jurisdiction over Honi if Jean's claim arises from

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 complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.