Question 1

Quest Inc. ,a U.S.firm,and Real Treks,Ltd. ,a Canadian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Quest and Real Treks involving this contract may occur in​

Accepted Answer

Since the contract does not have a forum-selection or choice-of-law clause, litigation may occur in Canada, the United States, or both. The parties did not restrict the jurisdiction and as both are from different countries. So, both countries' jurisdictions may apply in this case. Option A is incorrect because the question does not suggest that online forums are the only possibility. Option B is incorrect since the litigation may occur in both the countries. Option D is incorrect because an international, United Nations tribunal would only be involved if the parties had agreed to it in the contract.

Question 2

Millie and Noble dispute the quality of a suite of furniture sold over the Internet.They agree to resolve their dispute in OpenTerms.com,an online forum.Like most online forums,OpenTerms.com applies​

Accepted Answer

Most online forums like OpenTerms.com apply general, universal legal principles to resolve disputes between parties. They do not have the authority to apply specific laws or acts like the Federal Magistrates Act or international principles provided by the United Nations, but rather rely on basic principles of contract law, tort law, and other legal doctrines that are recognized in most jurisdictions. As such, option A is the most appropriate choice. The law of the Internet is not a specific legal system or body of law, but rather a collection of legal principles and regulations that apply to online transactions and activities.

Question 3

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss might prefer to use the alternative dispute resolution method of​

Accepted Answer

Negotiation is the alternative dispute resolution method that allows parties to resolve their disputes without involving any third party, relying instead on direct discussions to reach a mutually acceptable agreement.

Question 4

Cullen files a suit against Demi.Cullen and Demi 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 scenario describes a summary jury trial, which involves a condensed trial where each party presents their case to a jury who then presents an advisory verdict. Afterward, the judge meets with the parties to encourage settlement.

Question 5

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 6

Sour Dough Inc.and The Bread Company,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may​

Accepted Answer

According to the given information, Sour Dough Inc. and The Bread Company have agreed to a contract that includes an arbitration clause. This means that if a dispute arises, the parties have agreed to submit to binding arbitration instead of going to court. Therefore, in this scenario, a court having jurisdiction can only order a party to submit to arbitration (option D). The court cannot monitor the arbitration or order an arbitrator to rule in a particular way, as these are all decisions that must be made by the arbitrator(s) themselves. The court also cannot order a party to bring the dispute to court, as the parties have already agreed to resolve any disputes through arbitration.

Question 7

Farmers Pantry Products Inc.and Market Grocers LLC dispute a term in their contract.If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue,they may prefer to settle their dispute through mediation because​

Accepted Answer

Mediation is a non-adversarial process where a neutral third party helps the disputing parties reach a mutually acceptable resolution. This means that Farmers Pantry and Market Grocers can work together to come up with a solution that meets their needs rather than having a decision imposed on them by a judge or jury. Additionally, because they have a long-standing business relationship, they may want to maintain goodwill and avoid any negative consequences that could arise from a more adversarial process.

Question 8

Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to​

Accepted Answer

When an arbitrator arbitrates an issue that the parties did not agree to submit to arbitration, it is considered a violation of the arbitration agreement. In such a case, the court can set aside the award. Therefore, option D is the correct choice.

Question 9

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision,they will have used the method of​

Accepted Answer

Arbitration involves a neutral third party making a binding decision to resolve a dispute between two parties. Conciliation involves a third party attempting to resolve a dispute by encouraging communication and understanding between the parties, but the decision is not binding. Intervention generally refers to a third party intervening in a conflict or crisis to maintain peace, order, and safety, but does not necessarily involve making a decision. Mediation is a process in which a neutral third party facilitates communication and negotiation between parties, but the decision is not binding unless agreed upon by both parties. Therefore, the best choice in this scenario is arbitration.

Question 10

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts​

Accepted Answer

Nonbinding arbitration means the parties are not legally bound by the decision and can still seek resolution in court if they choose.

Question 11

SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration.The arbitrator's decision is called​

Accepted Answer

The arbitrator's decision is referred to as an award.

Question 12

Tech Performance,Inc. ,completes programming and other tech services for Uno IT Products Corporation.When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed.Uno IT announces to the media that the crash was due to Tech Performance's incompetence and files a complaint in a federal court against the firm.What are Tech Performance's options in response?​

Accepted Answer

The answer of Tech Performance,Inc. ,completes programming and other tech...

Quiz 2: Courts and Alternative Dispute Resolution

Quest Inc. ,a U.S.firm,and Real Treks,Ltd. ,a Canadian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Quest and Real Treks involving this contract may occur in

Millie and Noble dispute the quality of a suite of furniture sold over the Internet.They agree to resolve their dispute in OpenTerms.com,an online forum.Like most online forums,OpenTerms.com applies

Liz and Moss disagree over the amount due under their contract.To avoid involving any third party in the resolution of their dispute,Liz and Moss might prefer to use the alternative dispute resolution method of

Cullen files a suit against Demi.Cullen and Demi 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

Sour Dough Inc.and The Bread Company,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may

Farmers Pantry Products Inc.and Market Grocers LLC dispute a term in their contract.If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue,they may prefer to settle their dispute through mediation because

Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision,they will have used the method of

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration.The arbitrator's decision is called