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Who is the plaintiff (the party initiating the lawsuit) in the sample complaint on p. 89 (Section 5-2a) of the textbook? Who is the defendant
- Who is the plaintiff (the party initiating the lawsuit) in the sample complaint on p. 89 (Section 5-2a) of the textbook? Who is the defendant (the party being sued) in the sample complaint?
- The complaint is being filed in Oregon state court. Does Oregon state court have jurisdiction over this claim? In what state is the plaintiff a citizen? In what state is the defendant a citizen? Is the precedent set by International Shoe v. State of Washington (1945) relevant to these questions? How or how not?
- What specifically is the defendant doing (or not doing) that is giving rise to the plaintiff's claim?
- What does the plaintiff want from the defendant by filing the lawsuit? See the last full paragraph of the complaint.
- In the Summer Zervos complaint, whom is she suing?
- Zervos is making her claim in New York state court. Does that court have jurisdiction over the defendant? See Item #15 in Zervos' complaint. Why did she include this?
- What specific claim is Zervos making against the defendant? What specific actions by the defendant is Zervos suing for? Be careful in responding to this question, and pay particular attention to Items #84 - #90 in the complaint, as well as the "prayer for relief" that begins on p. 18. [Hint: She is NOT suing him for sexual assault, but rather for something else.]
- Who ultimately prevailed at the Supreme Court in Wal-Mart Stores, Inc. v. Dukes (2011) and why did that party prevail?
- In Jones v. Clinton (1998), why was the plaintiff's (Jones's) claim dismissed following a motion for summary judgment by the defendant (Clinton)?
- What do the terms "in equity", "in law", and "bench trial" mean, and how do they impact the right to a jury trial?
- When an appeals court decides upon an appeal, what can it do? Specifically, what are the various options available to it? (Listing the options is fine)
- What is mediation as a form of alternative dispute resolution (ADR)? How is mediation different from arbitration?
- What are the "pro's" of arbitration as a means to resolve disputes? What are the "con's" of arbitration? Please list 2 of each (2 "pro's" and 2 "con's").
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