Question 1

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. Attorneys for both parties ask potential jurors questions to determine any biases or prejudices that may influence their decision. Therefore, choice D, the selection of jurors, is the correct answer.

Question 2

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction 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 arbitration clause means that any dispute will be resolved through arbitration rather than going to court. As such, the court having jurisdiction may only order a party to submit to arbitration, not order them to bring the dispute to court or order an arbitrator to rule in a specific way. The court may, however, monitor the arbitration process but only to a limited extent. Therefore, the best choice is option D.

Question 3

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 an appellate court upholds or agrees with the lower court's verdict, it is affirming the case. Therefore, choice A is the correct answer.

Choice B, reversing the case, would be applicable if the appellate court completely disagrees with the lower court's verdict and decides to reverse it.

Choice C, remanding the case, would be applicable if the appellate court sends the case back to the lower court for further proceedings.

Choice D, reversing and remanding the case, would be applicable if the appellate court both disagrees with the lower court's verdict and decides to send it back to the lower court for further proceedings.

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

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 only direct interrogatories to the opposing party, which is Andromeda in this case.

Question 6

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 7

Fact Pattern 3-1 (Questions 31-33 apply)
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 resolve their dispute by having a neutral third party render a binding decision, they will have used the method of arbitration.

Question 8

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 9

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 the judgment.

Question 10

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 Solar Power, Inc. to examine the electronic documents in Thunder Bay Utility Company's possession is that the documents contain evidence about the case.

Question 11

Fact Pattern 3-1 (Questions 31-33 apply)
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 would be the least expensive method of resolving the dispute as it does not involve any third parties and the parties can directly communicate with each other to come to a mutually acceptable solution.

Question 12

Fact Pattern 3-1 (Questions 31-33 apply)
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 in which a neutral third party facilitates communication and negotiation between the parties to reach a mutually acceptable resolution. This can be a less confrontational approach to dispute resolution and may help maintain a positive business relationship. Option A is incorrect because there is no mini-jury in mediation. Option B is incorrect because the objective of mediation is to reach a settlement without going to trial. Option D is incorrect because the resolution is not decided by an expert, but rather by the parties themselves in a mutually agreed-upon settlement.

Quiz 3: Courts and Alternative Dispute Resolution

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

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

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

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 3-1 (Questions 31-33 apply) 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

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

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

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

Fact Pattern 3-1 (Questions 31-33 apply) 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