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Exam 2: Courts and Alternative Dispute Resolution

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Question 31

Multiple Choice

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Nationwide Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing​

A) an explanation to refute any defense Open Pit might assert.
B) a motion for summary judgment.
C) a motion to dismiss.
D) Nationwide's basis for relief.

E) C) and D)
F) B) and C)

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Question 32

Multiple Choice

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Mediocrité, Inc., makes and sells goods that are substandard. Nancy, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Nancy does not have​

A) certiorari.
B) jurisdiction.
C) standing.
D) venue.

E) A) and B)
F) A) and C)

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Question 33

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Small claims courts are inferior trial courts.

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because​

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

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

Interrogatories are written questions for which written answers are prepared by a judge.

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? If not, why not? What are an appellate court's options after reviewing a case?​

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Suki files a suit against Travis. If this suit is like most cases, it will be​

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​

A trial commences with the plaintiff's attorney's direct examination of the first witness.

David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds passive advertising. The Alabama court is

A federal case typically originates in a state court.

A justiciable controversy is a case in which the court's decision-the "justice" that will be served-will be controversial.

At the beginning of a trial, only the defendant's attorney makes an opening statement.

​After the defense concludes its presentation, the attorneys present closing arguments.

Before a trial, the plaintiff can file a motion to dismiss.

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​