Deck 3: Dispute Resolution

Question 1

Glen lives in Illinois. He applies for a job with an 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.

Answer 1

Federal Courts as established by the United States can only entertain two types of cases. Firstly, Federal Question cases i.e. the cases wherein the claim is based on United States constitution or a federal statute or a federal treaty. Secondly the Diversity cases which are those cases when the Plaintiff and Defendant are citizens of different states and the amount in dispute exceeds $75,000.
Since, in the present case the statute involved is a federal statute and further it deals with a question of discrimination prohibited by the United States. So he can file his case in federal court to sue I.Therefore, the correct option is (a)

Question 2

Imagine a state law that allows for residents to sue "spammers"-those who send uninvited commercial messages through e-mail-for $30. One particularly prolific spammer sends messages to hundreds of thousands of people.
John Smith, a lawyer, signs up 100,000 people to participate in a class-action lawsuit. According to the agreements with his many clients, Smith will keep one-third of any winnings. In the end, Smith wins a $3 million verdict and pockets $1 million. Each individual plaintiff receives a check for $20.
Is this lawsuit a reasonable use of the court's resources Why or why not

Answer 2

Class action is one process of litigation wherein dozens of people can have one lawyer and can get their grievances redressed. The advantages of the Class action is that those people who are not even aware of the said ongoing process, get their grievances redressed.In the present situation, the lawsuit does not seem reasonable and is a clear cut misuse of the process of the court. No person should be allowed to take advantage of any judicial process. If such arrangements are allowed between the parties and advocates it would be not only be against the interest of justice and that of the parties but also would be completely against the public policy.

Question 3

ETHICS Trial practice is dramatically different in Britain. The lawyers for the two sides, called solicitors, do not go into court. Courtroom work is done by different lawyers, called barristers. The barristers are not permitted to interview any 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 pretrial preparation

Answer 3

The approach in the United States is much more effective than in Britain. The law of evidence in US determines what questions a lawyer may ask and how the questions are to be phrased, what answers a witness may give and what documents may be introduced. The goal is to get the best evidence possible before the jurors so they can decide what really happened. Suppose that a plaintiff's case depends upon the jury hearing about a certain conversation, but the rules of evidence prevent the lawyer from asking it then that conversation might just as well never have occurred. Same happens in the Britain.
The purpose of the trial is to come out on the conclusion of the certain facts and circumstances but by keeping in mind all the evidences and witnesses. For this purpose it is essential that solicitors and barristers do have right to interview witnesses before trial. Pre trial preparation is also important in order to prepare the witness for cross examination. As without such preparation it might be possible that such witness may result into loosing the case.

Question 4

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.

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

State which court(s) have jurisdiction as to each of these lawsuits:
(a) Pat wants to sue his next-door neighbor Dorothy, claiming that Dorothy promised to sell him the house next door.
(b) 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.
(c) 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.
(d) 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.

Question 13

Question 14

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

Question 15

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