Question: If the contract does not mandate the appropriate forum, which determines the appropriate forum? ( a ) the plaintiff ( b ) the defendant (
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
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
If the contract mandates that the laws of State B will apply to any dispute and the nonbreaching 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
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.
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
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 consequencesbased approach
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 consequencesbased approach
The choice of law approach that considers whether the policy of State A or the policy of State 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 consequencesbased approach
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.
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