Question 1

Jim files a suit against Katy.Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision.This is

Accepted Answer

In arbitration, the parties agree to submit their dispute to a third party who listens to the arguments and evidence presented by each side and then renders a legally binding decision. This process is less formal and less expensive than going to trial, but the decision of the arbitrator is final and cannot be appealed except in limited circumstances. Litigation involves going to court and having a judge or jury decide the outcome of the dispute. Mediation involves a neutral third party helping the parties to reach a settlement agreement, but the mediator does not have the authority to impose a binding decision. Negotiation involves the parties trying to come to a mutually acceptable resolution without the assistance of a third party.

Question 2

Owen, in Pennsylvania, and Quik Jobs, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to

Accepted Answer

The answer of Owen, in Pennsylvania, and Quik Jobs, Inc.,...

Question 3

Fact Pattern 2-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

Accepted Answer

Mediation is a preferred method of settling a dispute when the parties involved have a long-standing business relationship and would like to continue it because the process is not adversarial. In mediation, a neutral third party (the mediator) facilitates communication and helps the parties reach a mutually acceptable resolution, rather than making a decision for them like an expert would. Mediation can help preserve the business relationship and avoid the time and expense of going to trial.

Question 4

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

Accepted Answer

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

Question 5

Fact Pattern 2-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.

-Refer to Fact Pattern 2-1.The least expensive method to resolve the dispute between Java and Kaffe may be

Accepted Answer

Since the dispute is between just two parties, negotiation may be the least expensive and quickest way to resolve their differences. No third-party intervention is needed, so the parties can work together to come to an agreement that is satisfactory to both of them.

Question 6

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 7

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called

Accepted Answer

The decision made by the arbitrator in this case is referred to as an award. This is the term typically used in arbitration to refer to the final decision made by the arbitrator. Option A, "a conclusion of law," refers to a legal term used to describe a decision made by a judge or court, but not typically used in arbitration. Similarly, option B, "a finding of fact," refers to a legal term used to describe the factual determination made by a judge or court, but again, not typically used in arbitration. Option D, "a verdict," is also not typically used in arbitration, as it is a term used specifically to describe the decision made by a jury in a trial.

Question 8

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

Accepted Answer

The arbitration clause indicates that if a dispute arises, it must be resolved through arbitration rather than litigation. Therefore, if a court has jurisdiction over the matter, it can only order a party to submit to arbitration rather than bring the dispute to court or order an arbitrator to rule in a particular way. Monitoring the arbitration is also not within the court's jurisdiction. Thus, the only viable option is to order a party to submit to arbitration.

Question 9

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 10

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com, an online forum.Like most online forums, 2BRNot2B.com applies

Accepted Answer

The answer of Kato and Leilani dispute the quality of...

Question 11

Fact Pattern 2-1 
Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

Accepted Answer

Arbitration involves a neutral third party who hears both sides of a dispute and renders a binding decision. This can be advantageous in resolving conflicts where parties are unable to come to a mutual agreement. Mediation and conciliation involve the assistance of a neutral third party in facilitating a discussion between parties and helping them find a mutually agreeable solution, but the decision is not binding. Intervention typically involves a third party intervening in a dispute in order to prevent further harm or damage, rather than resolving the underlying issue.

Question 12

Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration.In most circumstances, submission to arbitration is possible

Accepted Answer

The answer of Massive Equipment Company and Wastewater Management Corporation...

Quiz 3: Courts and Alternative Dispute Resolution

Jim files a suit against Katy.Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision.This is

Owen, in Pennsylvania, and Quik Jobs, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to

Fact Pattern 2-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

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

Fact Pattern 2-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.The least expensive method to resolve the dispute between Java and Kaffe may be

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called

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

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com, an online forum.Like most online forums, 2BRNot2B.com applies

Fact Pattern 2-1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration.In most circumstances, submission to arbitration is possible