Question 1

A mandatory arbitration clause in an employment contract may not be enforced if
A)the arbitration rules and procedures are unfair to one of the parties.
B)the parties did not specify limits to the disputes that may be submitted.
C)the relevant arbitration statute does not exclude the claim in dispute.
D)a party who agreed to the clause later opposes arbitration.

Accepted Answer

Mandatory arbitration clauses may not be enforced if the arbitration rules and procedures are deemed unfair to one of the parties, as this would violate principles of fairness and equity in legal proceedings.

Question 2

Liz and Moss disagree over the amount due under their contract. To avoid involving a 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

Negotiation involves the parties directly communicating with each other to resolve their dispute without involving a third party.

Question 3

Juan sued Abram in state court, and lost his case. He immediately appealed to the intermediate level appellate court for his state, where he lost again. After losing again at the state supreme court level, he is so angry that he wants to take his case all the way to the U.S. Supreme Court. Does Juan have the right to have his case heard by the U.S. Supreme Court? What is the procedure he would use to get the U.S. Supreme Court to hear his case?

Accepted Answer

The answer of Juan sued Abram in state court, and...

Question 4

Rock Quarry Inc. and Serene Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with the quarry's representative to discuss the matter without the vineyard's representative being present. If this substantially prejudices the grape grower'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

Arbitration must be conducted fairly and impartially. If one party's rights are substantially prejudiced by the arbitrator meeting with the other party's representative alone, a court can set aside any award resulting from such biased proceedings.

Question 5

With respect to international dispute resolution, a domestic court may enforce a foreign court's decision for any of the following reasons except
A)courtesy.
B)if the foreign decision is consistent with domestic national law and policy.
C)if a foreign plaintiff won a favorable judgment in the plaintiff's country.
D)a desire not to accommodate the foreign plaintiff.

Accepted Answer

The enforcement of a foreign court's decision in a domestic court is generally based on principles of comity (courtesy), consistency with domestic law and policy, and the legitimacy of the foreign judgment (e.g., a foreign plaintiff winning a favorable judgment). However, a desire not to accommodate the foreign plaintiff is not a valid reason for enforcing a foreign court's decision; rather, it reflects a bias or an unjustifiable reason for enforcement.

Question 6

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)mediation.
C)negotiation.
D)early neutral case evaluation.

Accepted Answer

Arbitration involves a neutral third party making a binding decision to resolve a dispute, which matches the scenario described.

Question 7

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived
A)their right to sue.
B)the right to engage in other methods of alternative dispute resolution.
C)rights under statutes designed to protect the employee.
D)the right to terminate the employment relationship without cause.

Accepted Answer

Mandatory arbitration clauses in employment contracts are generally enforceable because they represent an agreement between the parties to waive their right to sue in court over disputes arising from the employment relationship. Instead, they agree to resolve disputes through arbitration.

Question 8

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

This scenario describes mediation, where a neutral third party (the mediator) assists the disputing parties in reaching a solution but does not have the authority to make a binding decision.

Question 9

In a suit to compel arbitration, a court will order a dispute to be arbitrated if
A)both parties consented to it.
B)the rules for the arbitration are fair to at least one of the parties.
C)the relevant state or federal statute does not include such claims.
D)all of the choices.

Accepted Answer

Courts will order a dispute to be arbitrated if both parties have previously agreed to resolve their disputes through arbitration. This is typically established through an arbitration agreement or clause within a contract.

Question 10

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...

Question 11

Fresh Seafood Inc. and Grocers Market 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 an expert.

Accepted Answer

Mediation is less adversarial than litigation, making it suitable for parties who wish to preserve their business relationship. It involves a neutral third party who helps the disputing parties reach a mutually acceptable agreement, without the formalities of a trial or a jury.

Question 12

Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute
A)through the court system.
B)with a method of alternative dispute resolution.
C)by anticipating that the dispute will resolve itself.
D)by filing a writ of certiorari in a different court.

Accepted Answer

Alternative dispute resolution (ADR) methods, such as mediation or arbitration, are often pursued by businesspersons to avoid the high costs and delays associated with court litigation. ADR provides a more efficient and cost-effective way to resolve disputes.

Quiz 4: Courts and Alternative Dispute Resolution

A mandatory arbitration clause in an employment contract may not be enforced if

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

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

With respect to international dispute resolution, a domestic court may enforce a foreign court's decision for any of the following reasons except

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

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

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

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

Fresh Seafood Inc. and Grocers Market 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

Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute