About alternative methods of resolving disputes

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Reference no: EM132184931

1. Which of the following statements pertaining to legal fees is true?

a. Lawyers generally charge by the hour when the work is relatively routine.

b. Contingent fee arrangement forces trial lawyers to screen cases.

c. Drawing a will or doing a real estate closing are examples of legal work that is often paid a contingent fee.

d. A contingent fee is one that is paid for courtroom time and for ongoing representation in commercial matters.

e. A flat rate is paid to the lawyers in personal injury cases.

2. Which of the following is true about alternative methods of resolving disputes?

a. Saying that arbitration is favored means that if you have agreed to arbitration, you cannot go to court if the other party wants you to arbitrate.

b. Litigation is preferred over arbitration, because arbitration has a backlog of cases.

c. Adjudication gives the neutral party no power to impose a decision.

d. In case of mediation, the parties to the case cannot ignore the recommendations of the mediator entirely.

e. Mediation is a type of adjudication.

3. Which of the following is true about concurrent jurisdiction?

a. State courts have subject matter jurisdiction over certain cases in which the plaintiff and the defendant are from different states.

b. State courts can have subject matter jurisdiction over certain cases that have only a federal-based cause of action.

c. If the plaintiff’s main cause of action comes from a certain state’s constitution, statutes, or court decisions, the federal courts have subject matter jurisdiction over the case.

d. If the plaintiff’s main cause of action is based on a law such as Title VII of the Civil Rights Act of 1964, the state courts have subject matter jurisdiction over the case.

e. State courts have subject matter jurisdiction over certain cases in which the amount in controversy is more than $75,000.

4. Identify the correct statement about the choice-of-law and the choice-of-forum clauses.

a. In a choice-of-forum clause, the court applies a particular state’s law as a rule, as mentioned in the contract between two parties to a case.

b. Even if the contract says that a particular state’s law will be applied if there is a dispute, the judge has discretion in whether to apply that state’s law as a rule of decision in the case or not.

c. In a choice-of-forum clause, the parties in the contract specify which court they will go to in the event of a dispute arising under the terms of contract.

d. If the plaintiff fails to answer the complaint, the court can enter a default judgment, awarding the defendant what he seeks.

e. Ordinarily, a choice-of-law clause is independent of a choice-of-forum clause.

5. Which of the following statements about subject matter jurisdiction is true?

a. In diversity cases, state law will be used as the basis for a determination of legal rights and responsibilities.

b. The state court will have subject matter jurisdiction over any case where the amount in controversy is at least $1 million.

c. A state court will have subject matter jurisdiction over any case that is based on state law and where the parties are from the same state.

d. The state court provides a neutral forum, with an appointed, life-tenured judge and a wider pool of potential jurors.

e. If a defendant wants to be in state court and there is diversity, he has to make a motion for removal to the federal court.

Reference no: EM132184931

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