Question 1

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, as-sert-ing that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. There-fore, argues BSC, the appellate court should reverse the trial court's de-ci-sion. Is the appellate court likely to reverse the trial court's findings with re-spect to the facts? If not, why not? What are an appellate court's options after re-viewing a case?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

Question 2

Service Employees International Union and Timberline Products, Inc., have their dis-pute 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
A) none of the choices.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside the award.

Accepted Answer

The arbitrator exceeded their authority by arbitrating issues that were not agreed upon by both parties. This is a ground for a court to set aside the award.

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 busi-ness relationship that they would like to continue, they may prefer to settle their dispute through mediation because
A) the case will be heard by a jury.
B) the dispute will eventually go to trial.
C) the process is not adversarial.
D) the resolution of the dispute will be decided an expert.

Accepted Answer

Mediation allows the parties to work together to find a mutually acceptable resolution, rather than taking an adversarial approach of winning or losing. This can help preserve the long-standing business relationship between Farmers Pantry and Market Grocers. Options A, B, and D are incorrect because they involve a judge or jury decision rather than a collaborative solution.

Question 4

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'sincompetence and files a complaint in a federal court against the firm. What are Tech Performance'soptions in response?

Accepted Answer

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

Question 5

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called
A) a conclusion of law.
B) a finding of fact.
C) an award.
D) a verdict.

Accepted Answer

The decision made by an arbitrator is called an award. While arbitrators may make conclusions of law and findings of fact as part of their decision, the overall decision is called an award.

Question 6

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 on-line forum. Like most online forums, Come2Terms.com applies
A) general, universal legal principles.
B) the provisions of the Federal Arbitration Act.
C) jurisprudence developed by the United Nations.
D) the law of California (or another specific U.S. jurisdiction).

Accepted Answer

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

Question 7

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
A) not at all.
B) ​
Until the ODR service has issued a decision.
C) with respect to any dispute arising between them.
D) with respect to this dispute only.

Accepted Answer

Nonbinding arbitration does not limit the parties' recourse to the courts at all, as they can still pursue litigation if they are not satisfied with the arbitration outcome.

Question 8

First Community Credit Union and General Hydraulics. Inc., have their dispute re-solved in arbitration. Be-fore determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics'representative being present. If this meeting substantially prejudices General Hydraulics'rights, a court will most likely
A) compel arbitration.
B) review the merits of the dispute.
C) review the sufficiency of the evidence.
D) set aside any award.

Accepted Answer

According to the Federal Arbitration Act, an arbitration award can only be overturned by a court if it was obtained through corruption, fraud, or other misconduct, or if the arbitrator exceeded their authority or there was evident partiality or corruption in the arbitrator. However, if the arbitrator's actions substantially prejudiced one party's rights, a court may set aside the award. In this case, by meeting with First Community's representative without General Hydraulics' representative being present, the arbitrator may have substantially prejudiced General Hydraulics' rights. As a result, a court would likely set aside any award made in this arbitration.

Question 9

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
A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

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 10

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sug-gests or proposes a resolution, which the parties may or may not decide to adopt. This is
A) arbitration.
B) mediation.
C) negotiation.
D) not a legitimate form of dispute resolution.

Accepted Answer

The answer of Lorena files a suit against Milton. Before...

Question 11

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of
A) arbitration.
B) conciliation.
C) intervention.
D) mediation.

Accepted Answer

Arbitration involves having a neutral third party make a binding decision on a dispute. Conciliation involves trying to facilitate a resolution through non-binding suggestions or recommendations. Intervention typically refers to a third party getting involved in the dispute to try to influence a resolution, but not necessarily making a binding decision. Mediation involves having a neutral third party facilitate communication and negotiation between the parties, with the goal of reaching a voluntary and mutually acceptable resolution. Therefore, the best choice for this scenario is A) arbitration.

Question 12

Raylene files a suit against Travis. If this suit is like most cases, it will be
A) dismissed during a trial.
B) settled before a trial.
C) resolved only after a trial.
D) transferred to a higher court.

Accepted Answer

Most cases are settled before they go to trial. This is because both parties in the lawsuit often want to avoid the time, cost, and uncertainty that come with a trial. Instead, the parties may agree to a settlement that resolves the dispute outside of court.

Quiz 3: Courts and Alternative Dispute Resolution

Service Employees International Union and Timberline Products, Inc., have their dis-pute 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

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

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

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 on-line forum. Like most online forums, Come2Terms.com applies

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

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

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sug-gests or proposes a resolution, which the parties may or may not decide to adopt. This is

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

Raylene files a suit against Travis. If this suit is like most cases, it will be