Question 1

A dispute between two cheese makers-Cheddar Creamery Company and Deli Dairy Inc.-falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

Accepted Answer

A) an appellate court. 
B) a trial court. 
C) a judge. 
D) a jury.

Question 2

A court's subject-matter jurisdiction may be limited by all of the following except

Accepted Answer

A) the subject of a lawsuit. 
B) the sum in controversy. 
C) whether the proceeding is a trial or an appeal. 
D) the prior experience of the court in deciding similar disputes.

Question 3

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

Accepted Answer

A) True 
 B)False

Question 4

A question of law is generally the focus of an appellate court.

Accepted Answer

A) True 
 B)False

Question 5

The concept of venue reflects the policy that a court trying a case should

Accepted Answer

A) be more or less informed or prejudiced for or against the defendant. 
B) have exclusive jurisdiction over the subject matter. 
C) be in the geographic neighborhood of the incident or parties in dispute. 
D) have minimum contacts with the parties to the case.

Question 6

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

Accepted Answer

A) True 
 B)False

Question 7

A decision on a question of state law is final when

Accepted Answer

A) an issue of federal law is involved. 
B) the United States Supreme Court rules on it. 
C) the state's highest court make the decision. 
D) a U.S. magistrate judge decides the case.

Question 8

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Accepted Answer

A) appellate jurisdiction. 
B) general jurisdiction. 
C) limited jurisdiction. 
D) no jurisdiction.

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

Accepted Answer

A) judicial review. 
B) voir dire . 
C) unconstitutional. 
D) the rule of four.

Question 11

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) dismiss the dispute. 
B) review the record of the case. 
C) file a complaint against the arbitrator. 
D) set aside any award.

Exam 4: Courts and Alternative Dispute Resolution

A dispute between two cheese makers-Cheddar Creamery Company and Deli Dairy Inc.-falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

A court's subject-matter jurisdiction may be limited by all of the following except

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

A question of law is generally the focus of an appellate court.

The concept of venue reflects the policy that a court trying a case should

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

A decision on a question of state law is final when

State trial courts that are called county, district, superior, or circuit courts are most likely to have

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

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

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