Question 1

Shelly and Tom disagree over the amount of money due under their contract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of
A)arbitration.
B)litigation.
C)mediation.
D)negotiation.

Accepted Answer

The answer of Shelly and Tom disagree over the amount...

Question 2

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
A)general,universal legal principles.
B)ICANN's Rules for Uniform Dispute Resolution Processes.
C)jurisprudence developed by CAN-WIN.
D)the law of California (or another specific U.S.jurisdiction).

Accepted Answer

Online forums like 2BRNot2B.com typically apply general, universal legal principles to resolve disputes, rather than specific jurisdictional laws or specialized rules like ICANN's.

Question 3

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.If Organico and Pleasant Valley have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be 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 where a neutral third party helps the parties in a dispute reach a mutually acceptable solution. It allows the parties to maintain their relationship while resolving their issues. Therefore, if Organico and Pleasant Valley Farm Corporation have a long-standing business relationship that they would like to continue, mediation would be a preferred method of settling their dispute. Option A is incorrect as mediation does not involve a mini-jury. Option B is incorrect as mediation can lead to a resolution without going to trial. Option D is incorrect as the mediator facilitates the resolution, not an expert.

Question 4

Chelsea and Dion agree to arbitrate their dispute over the terms for,and the performance of,a delivery of eggs.The arbitrator's decision is called
A)a conclusion of law.
B)a finding of fact.
C)an award.
D)a verdict.

Accepted Answer

An award is the decision rendered by an arbitrator after hearing both sides of a dispute. It is comparable to a judgment in a court case. The other options - a conclusion of law, a finding of fact, and a verdict - are terms more commonly associated with court cases, not arbitration.

Question 5

Olivia files a suit against Parker.If this suit is like most cases,it will be
A)dismissed during a trial.
B)dismissed or settled before a trial.
C)resolved only after a trial.
D)settled at a trial.

Accepted Answer

The vast majority of cases are dismissed or settled before a trial takes place. Only a small percentage of cases end up going to trial.

Question 6

Phil submits his claim against Quito to ReSolve.com,a private,online dispute resolution forum.At any time,an appeal of the dispute to a court may be made by
A)no one.
B)Phil only.
C)Phil or Quito.
D)ReSolve.com only.

Accepted Answer

Both parties, Phil and Quito, have the right to appeal the dispute to a court. ReSolve.com is a private forum and cannot prevent either party from seeking legal recourse through the court system. Therefore, choice C is the correct answer.

Question 7

All-American Engineering,Inc. ,disputes the use of "all-american.com" as a domain name by All-American Export Company.For this dispute,the Internet Corporation for Assigned Names and Numbers (ICANN)operates
A)a blog for the public to comment on the issues and the parties.
B)an online arbitration system.
C)a record of all officially approved business names and numbers.
D)special courts in Washington,D.C. ,and other major cities.

Accepted Answer

ICANN operates an online arbitration system for disputes over domain names, allowing parties to resolve the issue outside of traditional court systems.

Question 8

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act
A)dictates the terms of the agreement.
B)provides the means for enforcing the agreement.
C)sets out the proper subject matter of the agreement.
D)voids the agreement as a violation of public policy.

Accepted Answer

The Federal Arbitration Act provides the means for enforcing the arbitration agreement between Salon Products, Inc. and Trim n' Clip Stylists, but it does not dictate the terms or subject matter of the agreement. The agreement is not voided by the Act as a violation of public policy.

Question 9

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.The least expensive method to resolve the dispute between Organico and Pleasant Valley 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 least expensive method to resolve the dispute between Organico and Pleasant Valley because there are no third-party fees or costs associated. Both parties can have direct communication and work towards a mutually agreeable solution.

Question 10

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the advantages of
A)arbitration.
B)facilitation.
C)negotiation.
D)mediation.

Accepted Answer

Arbitration is a process where a neutral third party is appointed to resolve a dispute, and the decision is binding on both parties. This option is mentioned as the advantage in the fact pattern, making arbitration the best choice to resolve the dispute between Organico Café, Inc. and Pleasant Valley Farm Corporation.

Question 11

Deepwell Drilling Service and Eco-Refuge,Inc. ,agree to have their dispute resolved in arbitration.The arbitrator makes an erroneous finding of fact.This is a ground for a court to
A)do nothing.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside the award.

Accepted Answer

Arbitration decisions are generally final and binding, and courts have limited grounds to intervene. An erroneous finding of fact is typically not sufficient for a court to set aside an arbitration award.

Question 12

Pixie files a suit against Quiver.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 imposes a resolution on the parties.This is
A)arbitration.
B)mediation.
C)negotiation.
D)not a legitimate form of dispute resolution.

Accepted Answer

In arbitration, the parties present their dispute to a neutral third party who makes a decision or imposes a resolution on the parties. This is different from mediation, where the mediator helps the parties reach a mutually agreeable resolution, and negotiation, where the parties discuss and try to come to an agreement on their own. Therefore, the best option is arbitration. Option D is incorrect because arbitration is a legitimate form of dispute resolution, recognized by law in many countries.

Question 13

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN).ICANN's purpose is to
A)arbitrate international commercial disputes between private parties.
B)facilitate the litigation of any cyberspace dispute.
C)focus on the negotiation of any e-commerce dispute.
D)oversee the distribution of domain names.

Accepted Answer

ICANN's primary responsibility is to oversee the distribution and management of domain names and IP addresses on the internet. It also plays a role in developing and implementing policies related to internet governance. A, B, and C are incorrect because ICANN does not have a role in resolving commercial or legal disputes.

Question 14

Vince files a suit against Will.Vince and Will 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
A)court-ordered arbitration.
B)early neutral case evaluation.
C)a mini-trial.
D)a summary jury trial.

Accepted Answer

This scenario describes a summary jury trial, which involves a condensed version of a traditional trial and an advisory verdict from the jury. The judge then encourages the parties to settle their dispute. This process is designed to provide a non-binding evaluation of the case and encourage settlement.

Question 15

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitration proceedings.The award will be binding on
A)Berle and Clover.
B)neither Berle nor Clover.
C)the losing party only.
D)the prevailing party only.

Accepted Answer

The answer of Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged...

Question 16

TransCorp,Inc. ,and UniShip,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

In a contract with an arbitration clause, if a dispute arises, the court having jurisdiction can only order a party to submit to arbitration. This is because the parties have agreed to resolve their dispute through arbitration and the court cannot overrule this agreement. The court cannot monitor the arbitration, order a specific ruling, or bring the dispute to court.

Question 17

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is
A)a mini-trial.
B)a summary jury trial.
C)early neutral case evaluation.
D)not a legitimate form of dispute resolution.

Accepted Answer

In a mini-trial, each party presents its case as in a trial, but the proceedings are informal and the decision is not binding. If no agreement is reached, a third party provides an opinion on how a court might decide the case.

Question 18

Faraway Sales Corporation,a U.S.firm,and Globe Transport,a Dutch firm,enter into a contract that includes an arbitration clause.This clause must provide that the arbitrator will be
A)the American Arbitration Association.
B)the International Chamber of Commerce.
C)the United Nations.
D)any third party.

Accepted Answer

The arbitration clause must specify a neutral third party as the arbitrator, which can be any agreed-upon entity or individual, not limited to specific organizations like the American Arbitration Association or the International Chamber of Commerce.

Question 19

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR).ODR is essentially a form of
A)alternative dispute resolution (ADR).
B)judicial dispute resolution (JDR).
C)traditional dispute resolution (TDR).
D)trial by ordeal (TBO).

Accepted Answer

ODR is a form of alternative dispute resolution (ADR), which refers to methods of resolving disputes outside of traditional court processes. Judicial dispute resolution (JDR) refers to methods that involve the court system, while traditional dispute resolution (TDR) typically refers to informal methods of dispute resolution within a community or culture. Trial by ordeal (TBO) is an outdated and unethical method of determining guilt or innocence through physical torture or harm to the accused.

Question 20

Rocko Corporation,a U.S.firm,and Siena,S.A. ,a Columbian firm,enter into a contract providing that any dispute between them will be heard in a specific British court.Litigation between Rocko and Siena over a dispute involving this contract may occur in
A)a Columbian court only.
B)a court in Columbia,the United States,or Great Britain.
C)a U.S.court only.
D)the specified British court only.

Accepted Answer

The contract specifically provides for any dispute to be heard in a designated British court, so Rocko and Siena must litigate in that specific court only. Choices A, B, and C would not comply with the contract provision.

Quiz 3: Alternative and Online Dispute Resolution

Shelly and Tom disagree over the amount of money due under their contract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of

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

Chelsea and Dion agree to arbitrate their dispute over the terms for,and the performance of,a delivery of eggs.The arbitrator's decision is called

Olivia files a suit against Parker.If this suit is like most cases,it will be

Phil submits his claim against Quito to ReSolve.com,a private,online dispute resolution forum.At any time,an appeal of the dispute to a court may be made by

All-American Engineering,Inc. ,disputes the use of "all-american.com" as a domain name by All-American Export Company.For this dispute,the Internet Corporation for Assigned Names and Numbers (ICANN) operates

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.The least expensive method to resolve the dispute between Organico and Pleasant Valley may be

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the advantages of

Deepwell Drilling Service and Eco-Refuge,Inc. ,agree to have their dispute resolved in arbitration.The arbitrator makes an erroneous finding of fact.This is a ground for a court to

Pixie files a suit against Quiver.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 imposes a resolution on the parties.This is

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN) .ICANN's purpose is to

Vince files a suit against Will.Vince and Will 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

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitration proceedings.The award will be binding on

TransCorp,Inc. ,and UniShip,Inc. ,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is

Faraway Sales Corporation,a U.S.firm,and Globe Transport,a Dutch firm,enter into a contract that includes an arbitration clause.This clause must provide that the arbitrator will be

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR) .ODR is essentially a form of

Rocko Corporation,a U.S.firm,and Siena,S.A. ,a Columbian firm,enter into a contract providing that any dispute between them will be heard in a specific British court.Litigation between Rocko and Siena over a dispute involving this contract may occur in