Question 1

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 purpose are each of these motions made?

Accepted Answer

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

Question 2

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

The legitimate reason for examining electronic documents in Thunder's possession is that the documents contain evidence about the case.

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, 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 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 to an appropriate court of appeals.

Question 5

Fact Pattern 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.The least expensive method of resolving the dispute 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 Bean and Java to work together to come to a mutually agreeable solution without involving any third party. This helps to save time, money and resources for both parties.

Question 6

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 can direct interrogatories only to Andromeda, as they are the opposing party in the lawsuit. Suri and Kevin are witnesses and cannot be subjected to interrogatories. Directing interrogatories to the judge is not appropriate or permissible.

Question 7

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...

Question 8

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

The appellate court's decision to uphold the lower court's verdict means that they have affirmed the case.

Question 9

Fact Pattern 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.If Bean and Java have a long-standing business 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 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 non-adversarial process whereby a neutral third party, the mediator, helps the parties reach a mutually agreeable resolution. As such, it can be a useful tool for parties who want to preserve their business relationship and avoid the potentially adversarial and unpredictable process of litigation. Options A, B, and D are incorrect because mediation does not involve a mini-jury, does not result in a trial, and does not typically involve resolution by an expert, although the mediator may provide expertise in facilitating the discussions between the parties.

Question 10

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause.If a dispute arises, a court having jurisdiction mays
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

If a contract includes an arbitration clause, it typically means that any disputes arising from the contract should be resolved through arbitration rather than litigation in court. Therefore, if a dispute arises, a court having jurisdiction may order a party to submit to arbitration, rather than bringing the dispute to court. Option A is incorrect because the court does not typically monitor the arbitration process. Option B is incorrect because the court cannot order an arbitrator to rule in a particular way, as the arbitrator is meant to be a neutral third-party. Option C is incorrect because if the contract includes an arbitration clause, the parties are bound to resolve the dispute through arbitration rather than in court.

Question 11

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 of selecting jurors for a trial. During this process, attorneys for both sides will ask questions to potential jurors to determine if they can be unbiased in the case. Therefore, choice D - the selection of jurors - is the best answer.

Question 12

Fact Pattern 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1.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

If Bean and Java choose a neutral third party to render a binding decision, they will have used the method of arbitration. Conciliation involves a third party who tries to help the parties find a mutually agreeable solution, intervention is when a third party is invited by one of the parties to participate in the dispute and mediation involves a third party who helps facilitate and guide the parties towards a mutually agreeable solution, but the decision is not binding.

Quiz 3: Courts and Alternative Dispute Resolution

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

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 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.The least expensive method of resolving the dispute between Bean and Java may be

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

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

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 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause.If a dispute arises, a court having jurisdiction mays

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

Fact Pattern 3-1?Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1.If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of