Question 1

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? If not,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 2

Molly files a suit against Naomi.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is
A) court-ordered arbitration.
B) early neutral case evaluation.
C) a mini-trial.
D) a summary jury trial.

Accepted Answer

This scenario describes a summary jury trial, which involves a shortened trial process that allows parties to receive an advisory verdict from a jury before participating in settlement negotiations with the encouragement of the presiding judge.

Question 3

In Harley's suit against Irma,the parties meet before going to trial,and each party's attorney argues the party's case before the other party.A third party renders an opinion as to how a court would likely decide the dispute.This is
A) a mini-trial.
B) arbitration.
C) a summary jury trial.
D) early neutral case evaluation.

Accepted Answer

The answer of In Harley's suit against Irma,the parties meet...

Question 4

Fact Pattern 3-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be mediation because
A) the case will be heard by a mini-jury.
B) the dispute will eventually go to trial.
C) the process is not adversarial.
D) the resolution of the dispute will be decided an expert.

Accepted Answer

Mediation is a preferred method of settling a dispute when parties have a long-standing business relationship that they would like to continue because it is a non-adversarial process that encourages parties to reach a mutually beneficial resolution without the need for a trial or involvement of a third-party expert.

Question 5

Owen,in Pennsylvania,and Quik Jobs,Inc.,in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to
A) do nothing.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside the award.

Accepted Answer

The answer of Owen,in Pennsylvania,and Quik Jobs,Inc.,in Maryland agree to...

Question 6

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts
A) not at all.
B) until the ODR service has issued a decision.
C) with respect to any dispute arising between them.
D) with respect to this dispute only.

Accepted Answer

The answer of To resolve a dispute,Amy in Boston and...

Question 7

Jim files a suit against Kay.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who renders a legally binding decision.This is
A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Accepted Answer

The scenario describes a situation of arbitration where the parties present their dispute to a third party who renders a legally binding decision. In mediation, the third party facilitates communication between the parties to arrive at a mutual agreement but does not impose a decision. Litigation involves resolving disputes in a court of law with a judge presiding over the case. Negotiation involves direct communication between the parties without the involvement of a third party.

Question 8

Discount Mart,Inc.,files a suit in a state court against Elements Computer Corporation,alleging that Elements breached a contract to sell 500 notebook computers to Discount.During the course of the suit,Discount files a motion for judgment on the pleadings,Elements files a motion for a directed verdict,and both parties file motions for summary judgment.When and for what purpose are each of these motions made?

Accepted Answer

The answer of Discount Mart,Inc.,files a suit in a state...

Question 9

Fact Pattern 3-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of
A) arbitration.
B) conciliation.
C) intervention.
D) mediation.

Accepted Answer

Resolving a dispute by having a neutral third party render a binding decision is a defining feature of arbitration. Conciliation involves a neutral third party attempting to facilitate a resolution between the parties, but the decision is non-binding. Intervention refers to a third party actively intervening in a dispute, but it does not necessarily involve rendering a decision. Mediation is similar to conciliation in that a neutral third party attempts to facilitate a resolution, but the decision is also non-binding.

Question 10

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may
A) monitor any arbitration until it concludes.
B) order an arbitrator to rule in a particular way.
C) order a party to bring the dispute to court.
D) order a party to submit to arbitration.

Accepted Answer

The arbitration clause in the contract between Transnational Corporation and United Shipping, Inc. means that any disputes must be resolved through arbitration rather than through the court system. Therefore, in the event of a dispute, a court having jurisdiction can only order a party to submit to arbitration and cannot order an arbitrator to rule in a particular way or monitor the arbitration process.

Question 11

Fact Pattern 3-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.The least expensive method to resolve the dispute between Java and Kaffe may be
A) arbitration because the case will be heard by a mini-jury.
B) litigation because each party will pay its own legal fees.
C) mediation because the dispute will be resolved by a non-expert.
D) negotiation because no third parties are needed.

Accepted Answer

Negotiation is the least expensive method to resolve a dispute between two parties as no third parties are involved, and the parties can come to a mutually beneficial agreement on their own.

Question 12

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called
A) a conclusion of law.
B) a finding of fact.
C) an award.
D) a verdict.

Accepted Answer

The decision made by an arbitrator is called an award. It is similar to a judgment in a courtroom but instead is made by a neutral party in arbitration proceedings.

Quiz 3: Courts and Alternative Dispute Resolution

Molly files a suit against Naomi.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

In Harley's suit against Irma,the parties meet before going to trial,and each party's attorney argues the party's case before the other party.A third party renders an opinion as to how a court would likely decide the dispute.This is

Fact Pattern 3-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be mediation because

Owen,in Pennsylvania,and Quik Jobs,Inc.,in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

Jim files a suit against Kay.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who renders a legally binding decision.This is

Fact Pattern 3-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may

Fact Pattern 3-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.The least expensive method to resolve the dispute between Java and Kaffe may be

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called