Exam 2: Courts and Alternative Dispute Resolution

Liu files a suit against Macro Sales, Inc., in a New Jersey state court based on a Web site through which New Jersey residents can do business with Macro. The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

Federal courts are superior to state courts.

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Quik Results, Inc., a Maine corporation, makes and sells Power Up!, a weight-gain and muscle-building supplement. Orin, a citizen of New York, sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club. Within ten days of beginning to use Power Up!, Orin suffers internal injuries. Alleging that the injuries are caused by Power Up!, Orin files a suit against Quik in a New York state court. Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik. What is the court most likely to rule and why

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

Negotiation is the most complex form of alternative dispute resolution.

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

Elle is walking to work along a sidewalk next to a road. A truck owned by Fast Distribution Company (FDC) strikes and injures Elle, causing her injuries that result in more than $250,000 in medical expenses. Elle is a resident of Georgia, where the accident occurred. FDC has its principal place of business, and is incorporated, in Delaware. In what court may Elle sue FDC

A court will review a contract for validity even if it contains an arbitration clause.

Rolf, a citizen of New Mexico, wants to file a suit against Sandy, a citizen of Texas. Their diversity of citizenship may be a basis for

In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

In some states, lawyers are not allowed to represent people in small claims courts.

Negotiation traditionally involves just the parties to a dispute without their attorneys.

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

Venue is the term for the subject matter of a case.

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. The least expensive method to resolve the dispute between Java and Kaffe may be