Question 1

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,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

The answer of To resolve a dispute,Amy in Boston and...

Question 2

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju-ris-dic-tion may
A)monitor any arbitration until it concludes.
B)order an arbitrator to rule in a particular way.
C)order a party to bring the dispute to court.
D)order a party to submit to arbitration.

Accepted Answer

The court may order a party to submit to arbitration as per the arbitration clause in the contract. However, the court cannot monitor or order the arbitrator's ruling in a particular way, or order a party to bring the dispute to court, as it goes against the agreement to resolve disputes through arbitration.

Question 3

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 4

In Kettle Cafe's suit against Food Services,Inc.,the court issues a judgment in Kettle's favor.The judgment can be appealed to an appropriate court of appeals by
A)either party.
B)Kettle only.
C)Food Service only.
D)neither party.

Accepted Answer

Either party has the right to appeal a judgment in a civil case to an appropriate court of appeals. Therefore, both Kettle and Food Services, Inc. have the option to appeal.

Question 5

Fact Pattern 2-1
Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.The least expensive method of resolving the dis-pute between Bean and Java may be
A)arbitration because the case will be heard by a mini-jury.
B)litigation because each party will pay its own legal fees.
C)mediation because the dispute will be resolved by a non-expert.
D)negotiation because no third parties are needed.

Accepted Answer

Negotiation is the best choice because it allows the parties to directly communicate and come to a mutually agreeable solution without involving third parties and incurring additional costs.

Question 6

Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court.After its review of Kelly v.Lewis,the appellate court upholds the lower court's verdict.The appellate court has
A)affirmed the case.
B)reversed the case.
C)remanded the case.
D)reversed and remanded the case.

Accepted Answer

When the appellate court upholds, or agrees with, the lower court's verdict, it is affirming the case.

Question 7

Fact Pattern 2-1
Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.If Bean and Java have a long-standing business relationship that they would like to continue,they may prefer to set-tle their dispute through mediation because
A)the case will be heard by a mini-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 is a process where a neutral third party helps the parties in dispute to come to an agreement. Unlike a trial or arbitration, mediation is not adversarial, which means the parties can continue their business relationship without damaging it further. Additionally, in mediation, the parties retain control over the outcome, rather than having it decided by an outside expert or judge.

Question 8

During the trial phase of Fuel Corporation's suit against Gas Stations,Inc.,their attorneys engage in voir dire.This is
A)an assessment of the validity of the arguments for both parties.
B)a determination of the issues to be argued before the court.
C)the trial.
D)the selection of jurors.

Accepted Answer

Voir dire is the process in which potential jurors are questioned and selected for the trial. Therefore, the best answer is D. A is incorrect because voir dire is not an assessment of the validity of arguments. B is incorrect because it refers to the determination of issues to be argued, which is not part of voir dire. C is incorrect because voir dire is not the actual trial.

Question 9

Solar Power,Inc.,files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession.A legitimate reason for this examination is that the documents contain
A)evidence about the case.
B)private information about Thunder's operations.
C)public information about energy generation.
D)irrelevant data that can be eliminated from consideration.

Accepted Answer

Solar Power, Inc. is seeking to examine electronic documents in Thunder Bay Utility Company's possession because they contain evidence about the case. This suggests that the information contained in the documents is relevant and material to the lawsuit, and may provide relevant information that would be of value to Solar Power, Inc. in their case against Thunder Bay Utility Company.

Question 10

iTablets,Inc.,files a suit against Andromeda Pads Corporation.Suri is a witness for iTablets.Kevin is a witness for Andromeda.iTablets may direct interrogatories to
A)Andromeda.
B)Suri.
C)Kevin.
D)the judge.

Accepted Answer

iTablets may direct interrogatories to Andromeda, the opposing party in the lawsuit.

Question 11

Discount Mart,Inc.,files a suit in a state court against Elements Computer Corporation,alleging that Elements breached a contract to sell 500 notebook computers to Discount.During the course of the suit,Discount files a motion for judgment on the pleadings,Elements files a motion for a directed verdict,and both parties file motions for summary judgment.When and for what pur-pose are each of these motions made?

Accepted Answer

The answer of Discount Mart,Inc.,files a suit in a state...

Question 12

Fact Pattern 2-1
Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.If Bean and Java 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

The method of having a neutral third party render a binding decision is called arbitration.

Quiz 2: Courts and Alternative Dispute Resolution

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju-ris-dic-tion may

In Kettle Cafe's suit against Food Services,Inc.,the court issues a judgment in Kettle's favor.The judgment can be appealed to an appropriate court of appeals by

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.The least expensive method of resolving the dis-pute between Bean and Java may be

Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court.After its review of Kelly v.Lewis,the appellate court upholds the lower court's verdict.The appellate court has

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Bean and Java have a long-standing business relationship that they would like to continue,they may prefer to set-tle their dispute through mediation because

During the trial phase of Fuel Corporation's suit against Gas Stations,Inc.,their attorneys engage in voir dire.This is

Solar Power,Inc.,files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession.A legitimate reason for this examination is that the documents contain

iTablets,Inc.,files a suit against Andromeda Pads Corporation.Suri is a witness for iTablets.Kevin is a witness for Andromeda.iTablets may direct interrogatories to

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Bean and Java resolve their dispute by having a neutral third party render a binding decision,they will have used the method of