Question 1

While normal arbitration produces an arbiter's decision and the parties are bound by the award, online arbitration produces a decision but the award is not binding on the parties.

Accepted Answer

When parties participate in online arbitration, they agree to abide by the arbiter's decision and award.

Question 2

Laura and Susan had a motor vehicle accident, and Susan has sued Laura claiming severe back injuries. If Laura wants to obtain a copy of Susan's doctor and hospital reports, she should serve a request for admissions to Susan.

Accepted Answer

A request for documents and reports would be made with a request for production.

Question 3

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

Accepted Answer

A motion for a summary judgment may be filed by either party should one side believe that the other side has not produced sufficient facts to warrant a trial.

Question 4

In the typical business context, ADR is invoked either via contract or by mutual agreement.

Accepted Answer

Businesses choose ADR to resolve disputes by requiring ADR as a contract stipulation or by agreement after a dispute arises.

Question 5

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Accepted Answer

Only the plaintiff must establish standing.

Question 6

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.

Accepted Answer

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of federal courts.

Question 7

Legally mandated arbitration is nonbinding arbitration.

Accepted Answer

Legally mandated arbitration encourages settlement of disputes but is nonbinding, so parties may automatically appeal to the court system.

Question 8

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence, while in federal trial court the standard of proof is beyond a reasonable doubt.

Accepted Answer

In all civil cases the standard of proof used by state and federal trial courts is a preponderance of the evidence. Beyond a reasonable doubt is the standard used in criminal trials.

Question 9

The American Arbitration Association provides mediation services as well as arbitration services.

Accepted Answer

The American Arbitration Association provides both mediation and arbitration services.

Question 10

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings.

Accepted Answer

The Federal Arbitration Act does not specify exact procedures for conducting arbitration hearings.

Question 11

Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.

Accepted Answer

All information relevant to a dispute is discoverable unless protected by a legal privilege.

Question 12

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Accepted Answer

Med-arb consists of a limited period of mediation followed by arbitration should the mediation be unsuccessful.

Question 13

The term litigation refers to the trial but does not include pretrial events as well.

Accepted Answer

The term litigation refers to both the trial and pretrial events.

Question 14

Each stage of litigation is separate and distinct, and each must be completed before the next stage may be started.

Accepted Answer

Often the timing and completion of various stages of litigation overlap.

Question 15

Larry has sued Jeff and received judgment in the amount of $24,000. Larry is a judgment creditor.

Accepted Answer

The holder of a judgment is called a judgment creditor.

Question 16

Arbitration can at times be legally mandated, but mediation is entered into only on a voluntary basis.

Accepted Answer

Mediation, just like arbitration, can sometimes be required by statute or court procedure before bringing a case to trial.

Question 17

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Accepted Answer

In passing the Federal Arbitration Act, Congress endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Question 18

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Accepted Answer

A trade secret may be discoverable if it is relevant to an issue in a case. The courts examine these situations very narrowly.

Question 19

In Alston v. Advance Brands and Importing Company, a parent group sued a maker of alcoholic beverages, claiming the maker's advertising induced alcohol sales to minors. The suit was dismissed because the group suffered no legitimate damages.

Accepted Answer

Alston could not prove standing largely because he could not prove injury or show a sufficient remedy, even if injury could be proved.

Question 20

Online negotiation is available for minor disputes, but disputes arising from complex transactions may be resolved only with traditional face-to-face meetings.

Accepted Answer

All forms of ODR are available for simple to complex disputes.

Quiz 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options