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Exam 2: Courts and Alternative Dispute Resolution

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Question 1

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Ovid files a suit against Portia,alleging that she failed to pay him for goods shipped in response to an e-mail order.Portia denies the charge.If her e-mail order exists,it is

A) evidence.
B) a deposition.
C) an interrogatory.
D) discovery.

E) C) and D)
F) A) and D)

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Question 2

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Giles is a tenant in Home Suite Home,an apartment building owned by Italo.Giles is injured when he falls in an unlighted stairwell in the building.Giles asks Italo to cover his medical expenses.Italo refuses to admit that Giles's injury resulted from a fall in the stairwell,or that Italo should assume liability for the cost.Unable to negotiate a settlement,Giles wants to file a suit against Italo.What pleading begins a suit? Once a defendant is notified of a suit,what must he or she do?

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Pleadings inform each party to a suit of...

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Question 3

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

A party does not need to have legitimate grounds to appeal a trial court's decision.

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint.The complaint should include a statement of the facts necessary to show that

Fabrication,Inc. ,makes steel forms that are substandard.Geo Manufacturing Company has never bought or used a Fabrication form,but files a suit against the firm,alleging that its products are defective.Fabrication's best ground for dismissal of the suit is that Geo does not have

One party wants to file a suit against another.For a court to hear the case,

An electronic court filing system allows parties to file litigation-related documents via electronic means.

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

Isabel and Josh engage in a business transaction that leads to a dispute.Isabel initiates a lawsuit against Josh by filing a complaint.The sheriff serves Josh with a summons.If Josh chooses to ignore it,

Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

Laws would have no discernible meaning without the courts to interpret and apply them.

Under a state long-arm statute,a court can exercise jurisdiction over certain nonresident defendants.

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision.This is

Hal,a resident of Illinois,owns a warehouse in Indiana.A dispute arises over the ownership of the warehouse with Jack,a resident of Kentucky.Jack files a suit against Hal in Indiana.Regarding this suit,Indiana has

Neville files a suit against Olina.To obtain information to prepare for trial,the parties engage in discovery.This includes gaining access to each other's witnesses and other types of evidence by

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

Electronic discovery can reveal significant facts that are not discoverable by other means.

Picking a jury is an important aspect of litigation strategy.