Question 1

Dick submits his claim against EZ Bid Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by

Accepted Answer

Both parties have the right to appeal the dispute to a court, not just one party. Therefore, both Dick and EZ Bid can make an appeal to the court if they choose to do so.

Question 2

Fact Pattern 2-3
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3. 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

Accepted Answer

Mediation is a preferred method of settling disputes when parties have a long-standing business relationship because it is not adversarial. The goal of mediation is to reach a mutually acceptable resolution through the help of a neutral third party mediator. This can help preserve the business relationship between the parties. The case will not be heard by a mini-jury, and there is no guarantee that the dispute will eventually go to trial. The resolution of the dispute is not decided by an expert, but rather through the agreement of the parties.

Question 3

Fact Pattern 2-3
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

Accepted Answer

Resolving the dispute through a neutral third party rendering a binding decision is a characteristic of arbitration.

Question 4

Ultra Trucking Corporation files a suit in a state court against Vic's Service Company (VSC), and wins. VSC appeals the court's decision, as serting that the evidence presented at trial to support Ace's claim was so scanty that no reasonable jury could have found for the plaintiff. There fore, argues VSC, 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 Ultra Trucking Corporation files a suit in...

Question 5

In Harry'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

Accepted Answer

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

Question 6

Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle 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 Delta Stores, Inc., files a suit in...

Question 7

Fact Pattern 2-3
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3. The least expensive method to resolve the dispute between Java and Kaffe may be

Accepted Answer

Negotiation would be the best choice because it involves only the parties themselves, without the need for third-party involvement or additional expenses.

Question 8

Jim files a suit against Kary. 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

Accepted Answer

This is a description of an arbitration process, in which a neutral third party is chosen by the parties to settle the dispute and make a legally binding decision.

Question 9

Bethany files a suit against Cullen. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is

Accepted Answer

The parties meeting with their attorneys to try to resolve their dispute without involving a third party is known as negotiation. Arbitration involves a third party who makes a final and binding decision on the dispute, while litigation refers to the process of filing a lawsuit and going to court. Mediation involves a neutral third party who helps the parties come to a mutually agreeable resolution.

Question 10

Molly files a suit against Nick. 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

Accepted Answer

This is a summary jury trial, where the parties present their cases to a jury who presents an advisory verdict. After this, the judge encourages the parties to settle their dispute.

Question 11

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

Accepted Answer

The most appropriate option is D, which states that a court having jurisdiction may order a party to submit to arbitration. This means that if a dispute arises and the arbitration clause in the contract is valid, the court can compel the parties to participate in the arbitration process to settle the dispute. This option is consistent with the principle of party autonomy, which allows parties to a contract to choose the method of dispute resolution they prefer. Options A, B, and C are incorrect as they are not consistent with the principle of party autonomy or the purpose of arbitration.

Question 12

Niche Boutique Corporation and Paulina agree to resolve their dispute in arbitration. The arbitrator's decision is called

Accepted Answer

In arbitration, the arbitrator's decision is called an award. The other options, such as conclusion of law, finding of fact, and verdict, are more commonly used in court proceedings.

Quiz 2: The Courts and Alternative Dispute Resolution