Question 1

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss could resolve their dispute through
A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Accepted Answer

The answer of Liz and Moss disagree over the amount...

Question 2

Neville files a suit against Olina.To obtain information to prepare for trial,the parties engage in discovery.This includes gaining access to each other's witnesses and other types of evidence by
A) chicanery,subterfuge,and similar methods.
B) undue harassment,improper requests,and related tactics.
C) voir dire,the rule of four,and a writ of certiorari.
D) depositions,interrogatories,and other procedural devices.

Accepted Answer

Discovery is the pre-trial phase where both parties engage in exchanging information and evidence to build their case. Depositions, interrogatories, and other procedural devices are the formal methods used to obtain information during discovery. Options A and B suggest unethical and improper means of obtaining information, which are not acceptable. Option C refers to processes used in the US Supreme Court, which are not relevant to discovery in a trial court. Hence, the correct answer is D.

Question 3

Sara files a suit in a state court against Tech Innovations Inc.The parties are allowed to file litigation-related documents with the court online.This is
A) online dispute resolution.
B) an electronic court filing system.
C) electronic discovery.
D) a cyber court.

Accepted Answer

The parties are allowed to file litigation-related documents with the court online, which indicates that they are using an electronic court filing system. Online dispute resolution typically involves a neutral third party mediating a dispute through online platforms, which is not mentioned in the scenario. Electronic discovery involves the production of electronically stored information as part of the discovery process, which is also not mentioned in the scenario. A cyber court, on the other hand, would involve all aspects of the court proceedings being conducted online, including hearings and trials, which is not indicated in the scenario.

Question 4

Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator decides issues that the parties did not agree to submit to arbitration.This is a ground for a court to
A) none of the choices.
B) dismiss the dispute.
C) review the record of the case.
D) set aside the award.

Accepted Answer

The fact that the arbitrator decided issues that the parties did not agree to submit to arbitration is a violation of the arbitration agreement and therefore a ground for a court to set aside the award.

Question 5

Giles is a tenant in Home Suite Home,an apartment building owned by Italo.Giles is injured when he falls in an unlighted stairwell in the building.Giles asks Italo to cover his medical expenses.Italo refuses to admit that Giles's injury resulted from a fall in the stairwell,or that Italo should assume liability for the cost.Unable to negotiate a settlement,Giles wants to file a suit against Italo.What pleading begins a suit? Once a defendant is notified of a suit,what must he or she do?

Accepted Answer

The answer of Giles is a tenant in Home Suite...

Question 6

Petro Fuel files a suit in a state court against Quality Gas.Before the trial,Petro requests from Quality relevant information stored electronically.In contrast to traditional discovery,this request can legitimately reveal
A) privileged or confidential material.
B) metadata.
C) information to which Petro would otherwise be denied access by the right to privacy.
D) all of the choices.

Accepted Answer

Electronic discovery allows for the collection of metadata, which refers to information about electronic documents or data, such as the date and time of creation, modification, and access. This type of information can be relevant in a lawsuit and may not be available through traditional discovery methods. Privileged or confidential material and information protected by privacy laws would still be subject to protection during electronic discovery.

Question 7

Jill and Kane,with their attorneys,meet to try to resolve a dispute.A neutral third party works with both sides and proposes a solution,but does not make a decision resolving the matter.This is
A) arbitration.
B) mediation.
C) negotiation.
D) none of the choices.

Accepted Answer

In mediation, a neutral third party works with both sides to facilitate a resolution, but does not make a decision for them. Arbitration involves a neutral third party that listens to both sides and makes a decision for them, while negotiation involves the parties themselves discussing the issue and coming to an agreement without the assistance of a third party.

Question 8

Farmers Pantry Products Inc.and Market Grocers LLC dispute a term in their contract.Because the parties have a long-standing business relationship that they would like to continue,they could settle their dispute through mediation because
A) the case will be heard by a jury.
B) the dispute will eventually go to trial.
C) the process is not as adversarial as litigation.
D) the resolution of the dispute will be decided by an expert.

Accepted Answer

Mediation is a non-adversarial dispute resolution process where a neutral third party (the mediator) assists the parties in reaching a mutually acceptable solution. It allows the parties to maintain control over the outcome and can often preserve the business relationship. Unlike litigation, mediation does not involve a judge or jury making a decision for the parties.

Question 9

Quarry Mining Inc.and Riverside Vineyards agree to resolve a dispute in arbitration.The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present.If this substantially prejudices Riverside's rights,a court will most likely
A) dismiss the dispute.
B) review the record of the case.
C) file a complaint against the arbitrator.
D) set aside any award.

Accepted Answer

If Riverside's rights were substantially prejudiced by the arbitrator meeting with Quarry's representative without Riverside being present, a court would most likely set aside any award made in the arbitration. This is because arbitrators are required to conduct proceedings in a way that ensures both parties have a fair opportunity to present their case and defend their rights. If this requirement is not met, the court may find that the arbitration was not conducted in accordance with the parties' agreement and may set aside any award made as a result.

Question 10

Ovid files a suit against Portia,alleging that she failed to pay him for goods shipped in response to an e-mail order.Portia denies the charge.If her e-mail order exists,it is
A) evidence.
B) a deposition.
C) an interrogatory.
D) discovery.

Accepted Answer

The e-mail order would be considered evidence in this case, as it could help prove whether or not Portia actually placed an order and failed to pay for it. Depositions and interrogatories are methods of obtaining information from witnesses, while discovery is a general term for the process of gathering evidence in a legal case.

Question 11

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision.This is
A) arbitration.
B) conciliation.
C) intervention.
D) rendition.

Accepted Answer

The process described is arbitration, which involves a neutral third party making a binding decision to resolve a dispute between two parties.

Question 12

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC appeals the court's decision,asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff.Therefore,argues BSC,the appellate court should reverse the trial court's decision.Is the appellate court likely to reverse the trial court's findings with respect to the facts? Why or why not? What are an appellate court's options after reviewing a case?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

Quiz 2: Courts and Alternative Dispute Resolution

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss could resolve their dispute through

Neville files a suit against Olina.To obtain information to prepare for trial,the parties engage in discovery.This includes gaining access to each other's witnesses and other types of evidence by

Sara files a suit in a state court against Tech Innovations Inc.The parties are allowed to file litigation-related documents with the court online.This is

Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator decides issues that the parties did not agree to submit to arbitration.This is a ground for a court to

Petro Fuel files a suit in a state court against Quality Gas.Before the trial,Petro requests from Quality relevant information stored electronically.In contrast to traditional discovery,this request can legitimately reveal

Jill and Kane,with their attorneys,meet to try to resolve a dispute.A neutral third party works with both sides and proposes a solution,but does not make a decision resolving the matter.This is

Farmers Pantry Products Inc.and Market Grocers LLC dispute a term in their contract.Because the parties have a long-standing business relationship that they would like to continue,they could settle their dispute through mediation because

Quarry Mining Inc.and Riverside Vineyards agree to resolve a dispute in arbitration.The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present.If this substantially prejudices Riverside's rights,a court will most likely

Ovid files a suit against Portia,alleging that she failed to pay him for goods shipped in response to an e-mail order.Portia denies the charge.If her e-mail order exists,it is

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision.This is