BLTE 10e AM Ch03 Essay examples

3441 Words Feb 18th, 2015 14 Pages
Chapter 3

Courts and Alternative
Dispute Resolution

Answers to Learning Objectives/ For Review Questions at the Beginning and the End of the Chapter

Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you.

1A Judicial review
The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determi­nation is judicial review. The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Marbury v. Madison.

2A Jurisdiction
To hear a case, a court must have jurisdiction over the person
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Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling more than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute.

Case 3.2—What If the Facts Were Different? (Page 73)
Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court’s district (the private investigator). Would the court still have found that it had personal jurisdiction over Huoqing? Why or why not? The single sale to a resident of the district, Gucci’s private investigator, helped the plaintiff establish that the defendant ’s Web site was interactive and that the defendant used the Web site to sell goods to residents in the court’s district. It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum contacts with the forum, such as by selling goods within the forum.

Case 3.3—Critical Thinking (Page 90)
Legal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitrations? If all states could pass

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