Courts and alternative dispute resolution

Please write at least 5 sentences for each question and go in depth. Use the textbook  Legal Environment of Business, 11th edition, by Cross and Miller to find answers

Chapter 4 (courts and alternative dispute resolution)

2.  What must a court have to hear a case?

4.  What is the minimum-contacts test for jurisdiction?

8.  Explain the importance of substantial business between two parties to establish state court jurisdiction over their case.

12.  Who would determine the application of a state statute on unfair trade practices?

13.  When does a decision on a question of state law become final?

14.  Why is the jurisdiction of federal courts limited?

15. Is the U.S. Supreme Court required to hear a case appealed from a U.S. Court of Appeals?

16.  Is the availability of different remedies a factor that can affect a party’s decision to litigate in a certain court?

17.  Why would a business person likely attempt to resolve a dispute with a method of alternative dispute resolution?

18.  What is mediation?

19.  What is negotiation?

20.  Is mediation as adversarial as litigation?

22.  What is necessary for a court to order a dispute to be arbitrated between parties?

23.  Do parties waive their right to sue if there is a mandatory arbitration clause in an employment contract?

24.  What could cause a mandatory arbitration clause in an employment contract not to be enforced?

Chapter 5 (Court procedures)

26.  What kind of judgment results when a defendant is served with a summons but then does not respond?

27.  What are any allegations in a complaint that are not expressly denied by a defendant deemed to be?

28. What must a complaint contain to show that a plaintiff is legally entitled to a remedy?

29.  What does a defendant’s motion to dismiss assert?

30.  When would it be appropriate for a defendant to file a motion for summary judgment?

31.  What is a peremptory challenge?

35.  What would be a legitimate reason for a plaintiff to a lawsuit to examine a document in the defendant’s possession?

37.  What is cross examination?

38.  What is preponderance of evidence in a civil lawsuit?

39.  What is a judgment n.o.v. and when would it be appropriate?

Chapter 23 (Administrative agencies)

40.  What are some examples of administrative law?

43.  Can rules of administrative agencies be as binding as laws passed by Congress?

44.  What must happen before a party can ask a court to review an adverse administrative decision it has received?

45.  What happens during the period known as notice-and-comment rulemaking?

46  What method compels a party to appear before an administrative law judge?

47. Of what kind of businesses can administrative agencies conduct searches without warrants?

48. What is the outcome of most disputes and alleged violations of agency regulations?

49. What legal steps and kinds of evidence may parties do during administrative hearings?

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