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Quiz 6 :

Dispute Resolution

Quiz 6 :

Dispute Resolution

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Barry and Carl are next-door neighbors. Barry's dog digs under Carl's fence and does $500 worth of damage to Carl's garden. Barry refuses to pay for the damage, claiming that Carl's cats "have been digging up my yard for years." The two argue repeatedly, and the relationship turns frosty. Of the following choices, which has no outside decision maker and is most likely to allow the neighbors to peacefully coexist after working out the dispute? (a) Trial (b) Arbitration (c) Mediation
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Mediation:
It is the fastest growing method of dispute resolution in U.S. Here, a neutral individual, called mediator tries to direct two disputing parties to voluntary settlement.
The Mediation - has no outside decision maker and is mostly similar to allow the neighbors to co-exist after working out the dispute. Hence, option
img is correct to the given statement.
Trial is the only court that obtains witness testimony and offers evidence. Hence, option "A" is incorrect to the given statement.
The arbitrator permits equal time to present its case and behind deliberation, issues a binding decision, usually without giving reasons. Hence, option "B" is incorrect to the given statement.

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Trial practice also is dramatically different in Britain. The parties' solicitors do not go into court. Courtroom work is done by different lawyers, called barristers. The barristers have very limited rights to interview witnesses before trial. They know the substance of what each witness intends to say but do not rehearse questions and answers, as in the United States. Which approach do you consider more effective? More ethical? What is the purpose of a trial? Of pre-trial preparation?
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The British system minimizes the preparation that lawyers can do and control they have in the examination process. Ethically, this may be more sound. It prevents lawyers from coaching witnesses and leading them to a particular statement that could swing a case.
However, the time crunch and pressure may prevent a lawyer from effectively performing his duties. The lawyer will not have a grasp on possible issues or surprises that a witness may introduce. They will not have as much control over the evidence presented to the judge and jury and may not be able to help their client as much because they may not be able to present the evidence in a way that they truly see fit.

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Higher courts are reluctant to review a lower court's factual findings. Should this be so? Would appeals be fairer if appellate courts reviewed everything?
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Appellate court:
It is different from trial court. These courts do not hear from the witnesses or take new evidence. Appeal courts accept the information given to them by trial-courts and review the trial record to see if the court made any mistake of law.
Higher courts generally hesitate to lower courts on factual findings. Juries see all evidence as it is presented, and they are in positions to assess it. An appeal court will accept factual findings unless there was no proof at all to support it.
An appeal court reviews trial -record to confirm whether that lower court applied properly the law to the facts. If trial-court made an error of law, the appeal court may require a new trial. Hence, the appellate court will review everything (related to the trial-record).

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In the Tony Caruso case described throughout this chapter, the defendant offers to settle the case at several stages. Knowing what you do now about litigation, would you have accepted any of the offers? If so, which one(s)? If not, why not?
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Large numbers of employees have signed mandatory arbitration agreements in employment contracts. Courts usually uphold these clauses. Imagine that you signed a contract with an arbitration agreement, that the company later mistreated you, and that you could not sue in court. Would you be upset? Or would you be relieved to go through the faster and cheaper process of arbitration?
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British discovery practice differs from that in the United States. Most discovery in Britain concerns documents. The lawyers for the two sides, called solicitors, must deliver to the opposing side a list of all relevant documents in their possession. Each side may then request to look at and copy those it wishes. Depositions are rare. What advantages and disadvantages are there to the British practice?
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A default judgment can be entered if which of the following is true? (a) A plaintiff presents her evidence at trial and clearly fails to meet her burden of proof. (b) A defendant loses a lawsuit and does not pay a judgment within 180 days. (c) A defendant fails to file an answer to a plaintiff's complaint on time. (d) A citizen fails to obey an order to appear for jury duty.
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You plan to open a store in Chicago, specializing in rugs imported from Turkey. You will work with a native Turk who will purchase and ship the rugs to your store. You are wise enough to insist on a contract establishing the rights and obligations of both parties and would prefer an ADR clause. But you do not want a clause that will alienate your overseas partner. What kind of ADR clause should you include, and why?
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Glen lives in Illinois. He applies for a job with a Missouri company, and he is told, amazingly, that the job is open only to white applicants. He will now sue the Missouri company under the Civil Rights Act, a federal statute. Can Glen sue in federal court? (a) Yes, absolutely. (b) Yes, but only if he seeks damages of at least $75,000. Otherwise, he must sue in a state court. (c) Yes, but only if the Missouri company agrees. Otherwise, he must sue in a state court. (d) No, absolutely not. He must sue in a state court.
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Alice is suing Betty. After the discovery process, Alice believes that no relevant facts are in dispute, and that there is no need for a trial. She should move for: (a) a judgment on the pleadings (b) a directed verdict (c) a summary judgment (d) a JNOV
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Which court(s) have jurisdiction over each of these lawsuits-state or federal? Explain your reasoning for each answer. • Pat wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised to sell him the house next door. • Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of a stairway. She claims damages of $30,000. • Phil lives in Tennessee. He wants to sue Dick, who lives in Ohio. Phil claims that Dick agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million. • Pete, incarcerated in a federal prison in Kansas, wants to sue the United States government. He claims that his treatment by prison authorities violates three federal statutes.
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The burden of proof in civil cases is fairly low. A plaintiff wins a lawsuit if he is 51 percent convincing, and then he collects 100 percent of his damages. Is this result reasonable? Should a plaintiff in a civil case be required to prove his case beyond a reasonable doubt? Or, if a plaintiff is only 51 percent convincing, should he get only 51 percent of his damages?
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Claus Scherer worked for Rockwell International and was paid over $300,000 per year. Rockwell fired Scherer for alleged sexual harassment of several workers, including his secretary, Terry Pendy. Scherer sued in United States District Court, alleging that Rockwell's real motive in firing him was his high salary. Rockwell moved for summary judgment, offering deposition transcripts of various employees. Pendy's deposition detailed instances of harassment, including comments about her body, instances of unwelcome touching, and discussions of extramarital affairs. Another deposition, from a Rockwell employee who investigated the allegations, included complaints by other employees as to Scherer's harassment. In his own deposition, which he offered to oppose summary judgment, Scherer testified that he could not recall the incidents alleged by Pendy and others. He denied generally that he had sexually harassed anyone. The district court granted summary judgment for Rockwell. Was its ruling correct?
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The burden of proof in a civil trial is to prove a case ___________. The burden of proof rests with the _________. (a) beyond a reasonable doubt; plaintiff (b) by a preponderance of the evidence; plaintiff (c) beyond a reasonable doubt; defendant (d) by a preponderance of the evidence; defendant
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