Question 1

Brick n' Mortar Inc. and Colin agree to resolve a dispute in arbitration. The arbitrator meets with Brick's representative to discuss the matter without Colin's representative being present. If this substantially prejudices Colin's rights, a court will most likely

Accepted Answer

If an arbitrator meets with one party without the other party present, it can be seen as a violation of the fairness and impartiality required in arbitration. If this substantially prejudices one party's rights, a court may set aside the arbitration award.

Question 2

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 is a dispute resolution method in which a neutral third party (the arbitrator) listens to both sides of the dispute and makes a binding decision. This differs from mediation, in which the neutral third party helps the parties come to a mutually acceptable agreement but does not make a binding decision. Conciliation and intervention are other forms of third-party dispute resolution, but they do not involve a binding decision by the third party.

Question 3

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 less adversarial process than litigation, allowing parties to work collaboratively towards a mutually agreeable solution, which can help preserve business relationships.

Question 4

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies

Accepted Answer

The answer of Millie and Noble dispute the quality of...

Question 5

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

Accepted Answer

Mediation involves a neutral third party who helps the disputing parties communicate and propose solutions, but does not impose a decision.

Question 6

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 7

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

Accepted Answer

Arbitration decisions are typically binding and considered the final resolution of the dispute, similar to a court judgment.

Question 8

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 9

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 trial judge committed errors of law. 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 regarding its legal conclusions? 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 10

Giles is a tenant in Home Suite Home, an apartment building owned by Italo. Giles is injured when he falls in an unlighted stairwell in the building. Giles asks Italo to cover his medical expenses. Italo refuses to admit that Giles's injury resulted from a fall in the stairwell, or that Italo should assume liability for the cost. Unable to negotiate a settlement, Giles wants to file a suit against Italo. What pleading begins a suit? What must it contain? How is a defendant notified of a suit? Once the defendant is notified, what must he or she do?

Accepted Answer

The answer of Giles is a tenant in Home Suite...

Question 11

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

If an arbitrator decides on issues that were not agreed upon by the parties to be submitted to arbitration, it can be a ground for a court to set aside the arbitration award.

Question 12

Renee files a suit against Travis. Both agree to submit their dispute to mediation. The mediator proposes a resolution to their dispute. Travis agrees to the proposal but Renee does not. Renee

Accepted Answer

Mediation is a non-binding process, meaning that the parties are not obligated to accept the mediator's proposal.

Quiz 3: The Courts and Our Legal System