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The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pickled Peppers,Inc.,is heard in an appellate court.The difference between a trial and an appellate court is whether


A) a trial is being held.
B) the court is appealing.
C) the parties question how the law applies to their dispute.
D) the subject matter of the case involves complex facts.

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A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

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Vince files a suit against Will.Vince and Will meet,and each party's at?torney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to en?courage them to settle their dispute.This is


A) court-ordered arbitration.
B) early neutral case evaluation.
C) a mini-trial.
D) a summary jury trial.

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Ginger wants to file a suit against Fred.For a court to hear the case


A) Fred must agree.
B) the court must have jurisdiction.
C) the parties must have no minimum contact with each other.
D) the parties must own property.

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Alternative dispute resolution refers to any method for resolving a dis?pute outside the court system.

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Transnational Corporation and UniShip,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju?ris?dic?tion may


A) monitor any arbitration until it concludes.
B) order an arbitrator to rule in a particular way.
C) order a party to bring the dispute to court.
D) order a party to submit to arbitration.

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Diversity of citizenship cases are only those arising between citizens of different states.

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The United States Supreme Court has original jurisdiction in rare instances.

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


A) federal courts of appeals.
B) federal district courts.
C) state trial courts.
D) the United States Supreme Court.

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Negotiation is the most complex form of alternative dispute resolution.

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Fact Pattern 2-A1 (Questions A14-A16 apply) 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 dis?pute between Java and Kaffe may be


A) arbitration because the case will be heard by a mini-jury.
B) litigation because each party will pay its own legal fees.
C) mediation because the dispute will be resolved by a non-expert.
D) negotiation because no third parties are needed.

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

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False

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


A) no court to exercise jurisdiction.
B) a federal court to exercise original jurisdiction.
C) a state court to exercise appellate jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.

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B

Fact Pattern 2-A1 (Questions A14-A16 apply) 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 busi?ness relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because


A) the case will be heard by a mini-jury.
B) the dispute will eventually go to trial.
C) the process is not adversarial.
D) the resolution of the dispute will be decided an expert.

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No court offers mediation as an option before a case goes to trial.

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Most online dispute resolution services apply general,universal legal principles to resolve disputes.

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True

Fact Pattern 2-A1 (Questions A14-A16 apply) 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 ad?vantages of


A) arbitration.
B) conciliation.
C) intervention.
D) mediation.

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

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

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Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an on?line forum.Like most online forums,2BRNot2B.com applies


A) general,universal legal principles.
B) the provisions of the Federal Arbitration Act.
C) jurisprudence developed by the United Nations.
D) the law of California (or another specific U.S.jurisdiction) .

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