1. T F When the parties negotiate a contract, they can decide that in the event of a dispute, the nonbreaching party may not use the courts to resolve the dispute.

2. T F After litigation has been initiated, private mediation becomes unavailable.

3. T F In arbitration, the jury decides questions of fact, the arbitrator(s) decide questions of law.

4. T F Contracting parties can decide on arbitration either at the time of contract formation or after a dispute has arisen.

5. T F The choice of venue is the choice of the forum.

6. T F Contracting parties can decide on the venue either at the time of contract formation or after a dispute has arisen.

7. T F The forum court will apply the choice of law rules of the forum state.

8. T F If the choice of law rules of the forum state and the non-forum state are identical, it will make no difference whether the choice of law rules of the forum or non-forum state will apply to the dispute.

9. T F If the parties have not included a forum selection clause in their contract, then the forum court will be the court where the plaintiff files the complaint or petition.

10. T F At the time of contract formation, the contracting parties may select the forum that will hear any dispute that may arise as the contract is being performed.

11. T F A forum selection clause deprives a court from exercising jurisdiction.

12. T F A non-forum court will retain jurisdiction of the case if the forum selection provision violates the public policy of either forum.

13. T F A court will retain jurisdiction of the case if the named forum is not the exclusive forum but merely a suggested forum.

14. T F A court will retain jurisdiction of the case if the named forum does not have a reasonable connection to the parties or the dispute.

15. T F Under choice of law rules, a court in State A may be required to apply the law of State B to resolve the dispute.

16. T F The territorial type choice of law approach is more mechanical and produces more predictable results than does the consequences-based approach.

17. T F The consequences-based approach focuses on the issue being litigated rather than the case as a whole.

FILL-IN THE BLANK 1. _______________ The method of dispute resolution where the parties attempt to resolve their dispute by themselves.

2. _______________ The method of dispute resolution where a third party resolves the dispute for the parties but without the assistance of a jury.

3. _______________ The method of dispute resolution where a third party resolves a dispute for the parties and the right to appeal is generally unavailable.

4. _______________ The method of dispute resolution where a third party assists the parties in resolving their own dispute.

5. _______________ Another name for the state that has venue.

6. _______________ The party who selects the court with venue.

7. _______________ The name of the clause whereby parties agree on where a future dispute will be resolved.

8. _______________ Courts possess _____________________ to decline to exercise jurisdiction in recognition of a party's free and voluntary choice of a different forum.

9. _______________ The _____________________ is in favor of the forum selection provision.

10. _______________ The traditional set of rules that courts used to determine whether the law of State A or the law of State B applied to a dispute.

11. _______________ Another name for the choice of law approach that is based on governmental interest analysis.

12. _______________ Another name for the "most significant contact" approach.

13. _______________ The choice of law approach promoted by the .

14. _______________ The choice of law approach that looks exclusively to the state where the offer was accepted.

15. The choice of law approach that focuses on the policy behind the law relevant to the issue in the case.

MULTIPLE-CHOICE Identify the best correct answer

1. If the parties have not stipulated to an exclusive method of dispute resolution in their contract, which of the following processes could stimulate the breaching party to participate in mediation? (a) negotiation (b) mediation (c) arbitration (d) litigation

2. Which method of dispute resolution does not have a jury to decide questions of fact? (a) negotiation (b) mediation (c) arbitration (d) litigation

3. Which method of dispute resolution is the least expensive? (a) negotiation (b) mediation (c) arbitration (d) litigation

4. Which method of dispute resolution could have more than one decision maker to decide both questions of fact and issues of law? (a) negotiation (b) mediation (c) arbitration (d) litigation 5. If the contract does not mandate the appropriate forum, which determines the appropriate forum? (a) the plaintiff (b) the defendant (c) the court (d) the legislature

6. If the contract does not mandate the appropriate forum and the plaintiff has filed his or her complaint in State A, the court in State A will use the choice of law rules of which state to determine whether the laws of State A or the laws of State B will be used to resolve the dispute? (a) State A (b) State B (c) either State A or State B (d) neither State A nor State B

7. If the contract mandates that the laws of State B will apply to any dispute and the non breaching party files a complaint in State A, what will the court in State A do? (a) apply the law of State A because State A is the forum state (b) apply the law of State A because the parties want the court in State A to apply its laws (c) apply the law in State B because of the choice of law provision (d) remove the case to State B because the choice of law states that the law of State B applies

8. At the time of contract formation, the parties may negotiate a forum selection provision. (a) Most courts will not enforce a forum selection provision. (b) A forum selection provision does not guarantee that all future disputes will be heard only by the named court. (c) A forum selection provision is mandatory upon a court. (d) A forum selection provision may not be rebutted by a party.

9. A contract may include which of the following? (a) a clause mandating choice of method of dispute resolution (b) a clause mandating choice of forum (c) a clause mandating choice of law (d) a clause mandating all three

10. The choice of law approach that is based on the last act of contracting. (a) territorial approach (b) center of gravity approach (c) significant contacts approach (d) consequences-based approach

11. The choice of law approach that initially considers whether the law of State A differs from the law of State B on this issue of the case. (a) territorial approach (b) center of gravity approach (c) significant contacts approach (d) consequences-based approach

12. The choice of law approach that considers whether the policy of State A or the policy of State B will be more greatly impaired by the selection of which state's law applies. (a) territorial approach (b) center of gravity approach (c) significant contacts approach (d) consequences-based approach

13. The contract provides that the court with venue will be in State A. (a) The court in State A by being the forum state must use the law of State A to resolve the dispute. (b) Even though the court in State A is the forum court, the court in State A may use the law of State B to resolve the dispute. (c) The court in State A must dismiss the case if the law of State B must be used to resolve the dispute. (d) The court in State A must transfer the case to State B if the law of State B must be used to resolve the dispute.