Question 1

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

Accepted Answer

The decision of an arbitrator is called an award. It is not referred to as a conclusion of law or a verdict, although it may contain both findings of fact and conclusions of law.

Question 2

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

Negotiation would be the least expensive method as it does not involve any third parties, such as mediators, arbitrators, or judges, and the parties involved can attempt to reach a resolution without incurring legal fees.

Question 3

Molly files a suit against Naomi.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

Accepted Answer

This scenario describes a summary jury trial, where the parties present their case before a jury, who then present an advisory verdict. The judge then encourages the parties to settle their dispute.

Question 4

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 5

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 because it is not adversarial. This means that the parties can have a more collaborative and cooperative approach to resolving their dispute. It also allows for greater control over the outcome since the decision is made by the parties themselves with the assistance of a neutral third party mediator, rather than being decided by an expert or a mini-jury. Additionally, mediation can help preserve relationships and maintain a long-standing business partnership.

Question 6

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

The fact that a neutral third party renders a binding decision is a characteristic of arbitration. Conciliation involves a third party helping the parties reach a voluntary agreement, and mediation involves a third party facilitating communication and negotiation but does not have the power to impose a decision. Intervention is not a formal dispute resolution process.

Question 7

Jim files a suit against Kay.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

This scenario describes the process of arbitration, where the parties select a third party to make a legally binding decision on their dispute outside of court. Litigation involves a trial in front of a judge, while mediation and negotiation involve attempting to reach a resolution through discussion and compromise.

Question 8

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 a...

Question 9

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 and...

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 may

Accepted Answer

The arbitration clause means that any dispute between the two parties must be resolved through arbitration, so a court having jurisdiction can only order a party to submit to arbitration, not force the arbitrator to rule in a particular way, monitor the arbitration, or bring the dispute to court.

Question 11

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. ,in Maryland agree...

Question 12

In Harley's suit against Irma,the parties meet before going to trial,and each party's attorney argues the party's case before the other party.A third party renders an opinion as to how a court would likely decide the dispute.This is

Accepted Answer

The answer of In Harley's suit against Irma,the parties meet...

Quiz 2: Traditional and Online Dispute Resolution

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

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

Molly files a suit against Naomi.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

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

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

Jim files a suit against Kay.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

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 jurisdiction may

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

In Harley's suit against Irma,the parties meet before going to trial,and each party's attorney argues the party's case before the other party.A third party renders an opinion as to how a court would likely decide the dispute.This is