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Interactive Quiz for ALT-12e, Chapter 2
Chapter 2 – Courts and Alternative Dispute Resolution
1. The doctrine of judicial review allows:
a. the executive branch to revoke court decisions.
b. the judiciary to decide whether laws or actions of the other branches of government are constitutional.
c. the judiciary to write laws when Congress is unable or unwilling to do so.
d. Congress to remove federal judges when their decisions do not follow public policy.
Answers:
a. Incorrect. The executive branch has no power to revoke judicial decisions.
b. Correct. The doctrine of judicial review allows courts to decide if the executive and legislative branches have acted within the scope of their constitutional authority.
c. Incorrect. The judiciary does not write law; it interprets law.
d. Incorrect. Judicial review refers to actions taken by the judiciary, not to actions taken against the judiciary.
2. Before a court may hear a case, it must have jurisdiction:
a. over the person against whom the case is brought or the property at issue and the subject matter involved in the case.
b. over the defendant only.
c. over the defendant or the property at issue but not over the subject matter.
d. over the subject matter involved in the lawsuit only.
Answers:
a. Correct. Before a court may hear a case, the court must have jurisdiction over the person against whom the case is brought or the property at issue and the subject matter involved in the case.
b. Incorrect. A court must also have jurisdiction over the subject matter of the dispute and, if property is at issue, over the property.
c. Incorrect. A court just also have jurisdiction over the subject matter of the dispute.
d. Incorrect. A court needs more than subject matter jurisdiction to hear a case.
3. If the Greffen Corporation, headquartered in New York, sells its wonderful shampoos in Nebraska, Greffen may be sued in a Nebraska court if the state has:
a. a short-arm statute.
b. a mediation process.
c. an alternative dispute resolution mechanism.
d. a long-arm statute.
Answers:
a. Incorrect. There is no such thing as a “short-arm” statute.
b. Incorrect. Even though a state may use mediation, it needs a long-arm statute in order for a plaintiff to sue Greffen.
c. Incorrect. An alternative dispute resolution mechanism may better cater to the needs of citizens for speedy justice, but it will not get Greffen into court.
d. Correct. Greffen may only be brought to trial in a Nebraska court if Greffen has some minimum contacts with Nebraska, such as marketing and selling its products in that state.
4. Venue concerns:
a. the subject matter of a case.
b. the means for selecting an attorney.
c. the procedure for appeal in a case.
d. the most appropriate location for a trial.
Answers:
a. Incorrect. Venue does not concern the subject matter of a case.
b. Incorrect. Venue does not concern how one selects an attorney.
c. Incorrect. Venue is not about procedure in a trial.
d. Correct. Venue concerns the most appropriate location for a trial.
5. The decisions of a state’s highest court are ______on questions of state law.
a. indeterminate
b. appealable to the United States Supreme Court
c. appealable only to the U.S. Court of Federal Claims
d. final
Answers:
a. Incorrect. The decisions of a state’s highest court are final on questions of state law.
b. Incorrect. These decisions may not be appealed to the United States Supreme Court.
c. Incorrect. These decisions may not be appealed to the U.S. Court of Federal Claims.
d. Correct. Once a state’s highest court reaches a decision on an issue involving state law, that decision is final.
6. In order to bring a case before the United States Supreme Court, the court must issue:
a. a writ of habeas corpus.
b. a writ of nolo contendere.
c. a writ of certiorari.
d. nothing. Cases are automatically accepted by the Supreme Court.
Answers:
a. Incorrect. The Supreme Court issues a writ of certiorari when it decides to hear a case on appeal.
b. Incorrect. The Supreme Court issues a writ of certiorari when it decides to hear a case on appeal.
c. Correct. This writ orders a lower court to send the record of its case to the higher court for review.
d. Incorrect. In order to hear an appeal, the Supreme Court must issue a writ of certiorari.
7. Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:
a. mediation.
b. negotiation.
c. a summary jury trial.
d. arbitration.
Answers:
a. Incorrect. Mediation involves a neutral third-party known as a mediator.
b. Correct. When parties attempt to resolve disputes without the help of a third party, as Joe and Krista are, this is known as negotiation.
c. Incorrect. A summary jury trial (SJT) occurs after a lawsuit has been initiated. In an SJT, the jury is, in effect, the third party in the sense that it renders a (nonbonding) verdict on the disputed issue.
d. Incorrect. Arbitration always involves a neutral third party, called the arbitrator.
8. When two parties agree to resolve a dispute in an informal manner and with the help of a neutral third party who helps the parties come to an agreement but does not decide the issue, this is known as:
a. altercation.
b. arbitration.
c. inflammation.
d. mediation.
Answers:
a. Incorrect. An altercation is a fight or disagreement, not a settlement of a dispute.
b. Incorrect. In arbitration, the neutral third party (the arbitrator) renders a decision on the disputed issue.
c. Incorrect. Inflammation is a physical condition that does not have to do with resolving disputes.
d. Correct. Mediation is a form of ADR in which a neutral third party (the mediator) helps the parties reach agreement but does not decide the issue for the parties.
9. Which of the following statements is not true with respect to online dispute resolution (ODR)?
a. ODR is generally simpler and more practical than litigation.
b. ODR is best used to settle disputes between large corporations in which the amount in dispute is significant, because to litigate such disputes in court could be very costly and time consuming.
c. To date, disputes resolved in ODR forums have most commonly involved disagreements over the rights to domain names.
d. Negotiation, mediation, and arbitration services are now all provided online through ODR.
Answers:
a. Incorrect. This is true with respect to ODR.
b. Correct. This is not true with respect to ODR. Generally, ODR is best for resolving small- to medium-sized liability claims, which may not be worth the expense of litigation or traditional methods of ADR.
c. Incorrect. This is true with respect to ODR.
d. Incorrect. This is true with respect to ODR.
10. A contract clause that designates the jurisdiction (court or country) in which any dispute arising under the contract will be litigated is known as:
a. a forum-selection clause.
b. a choice-of-law clause.
c. an arbitration clause.
d. a force majeure clause.
Answers:
a. Correct. Such a clause is known as a forum-selection clause.
b. Incorrect. A choice-of-law clause designates the state’s or nation’s law that will apply to a dispute.
c. Incorrect. This is not known as an arbitration clause.
d. Incorrect. This is not known as a force majeure clause.