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Exam 3: The Uslegal System and Alternative Dispute Resolution

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Question 51

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For purposes of diversity-of-citizenship,where does a corporation reside?

A) The state of incorporation only.
B) The state in which the corporation has its principal place of business only.
C) Both the state in which the corporation has its principal place of business and the state of incorporation.
D) Any state in which the corporation does business.
E) Any state in which the corporation has done business within the last five years.

F) A) and B)
G) All of the above

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verified

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Question 52

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Which of the following is a reason that an arbitration award may be set aside under the Federal Arbitration Act?

A) The arbitrator failed to make a final and definite award.
B) The award was the basis of fraud.
C) The arbitrator displayed bias.
D) The arbitrator failed to make a final and definite award,the award was the basis of fraud,or the arbitrator displayed bias.
E) None of these,since the United States Congress repealed the Federal Arbitration Act in 1995 as part of its "Contract with America" legislative initiative.

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

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Question 53

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Which of the following is an incorrect statement regarding the United States Supreme Court?

Venue is determined by:

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.The questioning of Brenda by Sam is called ________.

Subject-matter jurisdiction is also known as "in rem" jurisdiction.

The arbitrator typically provides a decision within ________ days of an arbitration hearing.

A defendant who believes that he or she has a claim against the plaintiff would include a pleading known as a reply with the answer.

Identify the items that should appear in a complaint.

Which of the following is true regarding federal jurisdiction?

The defendant in a state action must transfer the case to federal court if there is concurrent jurisdiction.

The United States circuit courts of appeal are known as courts of last resort.

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.The statements made to the jury by Linda and Sam immediately after the jury was chosen were ________.

Trial courts are courts of ________ jurisdiction.

A court need only have one type of jurisdiction to decide any particular case.

After the discovery process,either party can file a motion for ________.This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts,her only reasonable decision would be in favor of the moving party.

A private trial is an alternative dispute resolution method often referred to as ________.

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

In Hertz Corp.v.Friend,the United States Supreme Court set forth the "________" test as the appropriate test for determining a corporation's principle place of business for the purposes of diversity jurisdiction.

State courts have the power to hear all cases,including those cases within the exclusive jurisdiction of the federal court system.