Question 1

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 the lower court's verdict, it means they are affirming the case. Therefore, the answer is A.

Question 2

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 by which potential jurors are questioned and selected for a trial. Therefore, the correct answer is D - the selection of jurors.

Question 3

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 4

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion 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 in the contract means that both parties have agreed to resolve any disputes through arbitration rather than going to court. Therefore, if a dispute arises, the court would order the parties to submit to arbitration, as agreed upon in the contract. The court does not have the authority to monitor or interfere with the arbitration process, nor can it order an arbitrator to rule in a particular way or force a party to bring the dispute to court.

Question 5

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 electronic documents in Thunder's possession is that the documents contain evidence about the case.

Question 6

Fact Pattern 3-1 
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

Bean and Java using a neutral third party to render a binding decision indicates that they are opting for arbitration, which is a method of dispute resolution where a neutral third party hears evidence and makes a decision that is binding on the parties involved. Conciliation involves a third party suggesting solutions but does not render a binding decision. Intervention typically involves a third party entering an existing dispute to try to reach a resolution. Mediation involves a third party facilitating discussions and negotiations between the parties but does not render a binding decision.

Question 7

Fact Pattern 3-1 
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 set?tle 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 allows the parties to work together to reach a mutually acceptable solution without the need for a formal trial or an adversarial process. This approach may be less confrontational and help preserve the long-standing business relationship between Bean Vendors, Inc., and Java Bistros Corporation. Option A is incorrect because mediation does not involve a mini-jury. Option B is incorrect because it suggests that the dispute will eventually go to trial, which may not be the case if the parties can agree on a settlement. Option D is incorrect because while a mediator may have expertise in the subject matter, they do not have the power to decide the outcome of the dispute.

Question 8

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, as?sert?ing that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. There?fore, argues BSC, the appellate court should reverse the trial court's de?ci?sion. Is the appellate court likely to reverse the trial court's findings with re?spect to the facts? If not, why not? What are an appellate court's options after re?viewing a case?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

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 pur?pose are each of these motions made?

Accepted Answer

The answer of Discount Mart, Inc., files a suit in...

Question 10

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

Interrogatories are written questions that a party can direct to the other party in a lawsuit. In this case, iTablets is the party that filed the suit, so they can direct interrogatories to Andromeda, the opposing party. Suri and Kevin may be called to give testimony, but interrogatories are not directed towards them. The judge is an impartial third party and would not be a proper recipient of interrogatories.

Question 11

Fact Pattern 3-1 
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 dis?pute 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 involves direct communication between the parties and no third-party involvement. It also allows the parties to come to their own mutual agreement without the need for litigation or arbitration.

Question 12

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 a judgment in a civil case, so both Kettle and Food Services can appeal the decision to an appropriate court of appeals.

Quiz 3: Courts and Alternative Dispute Resolution

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

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. 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 ju?ris?dic?tion may

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 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

Fact Pattern 3-1 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 set?tle their dispute through mediation because

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 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 dis?pute between Bean and Java may be

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