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Exam 2: Courts and Alternative Dispute Resolution

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Question 41

Multiple Choice

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Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint.The complaint should include

A) an explanation of the proof to be offered at trial.
B) a statement refuting any defense that the defendant might assert.
C) a motion for judgment on the pleadings.
D) a statement alleging the facts showing the court has jurisdiction.

E) A) and B)
F) None of the above

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Question 42

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A federal court will apply federal law in a case involving a federal question.

A) True
B) False

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Question 43

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A motion for summary judgment asserts that the plaintiff failed to state a claim for which the court can grant relief.

Any court can exercise jurisdiction over any property wherever it is located.

A motion to dismiss asserts that a claim has no basis in law.

Petro Fuel files a suit in a state court against Quality Gas.Before the trial,Petro requests from Quality relevant information stored electronically.In contrast to traditional discovery,this request can legitimately reveal

An appellate court can modify a trial court's decision,in whole or in part.

Sara files a suit in a state court against Tech Innovations Inc.The parties are allowed to file litigation-related documents with the court online.This is

A question of law is generally the focus of an appellate court.

When concurrent jurisdiction exists,the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

Analytica LLC files a suit against the United States,challenging a congressional enactment mandating that employers pay their employees' student loans.The process by which the court decides this issue is