Question 1

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 2

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

Accepted Answer

When an appellate court upholds a lower court's verdict, it is said to have "affirmed" the case. Therefore, the correct answer is A.

Question 3

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

Accepted Answer

Either party has the right to appeal a judgment issued by the court.

Question 4

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 dis?pute between Bean and Java may be

Accepted Answer

Negotiation is the least expensive method of resolving disputes as it involves only the parties themselves without the need for third parties such as mediators, arbitrators or lawyers.

Question 5

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 set?tle their dispute through mediation because

Accepted Answer

Mediation is a non-adversarial process where a neutral third party helps the parties come to a mutually agreeable resolution. This may be preferable for parties who want to maintain a positive business relationship and avoid the potentially adversarial nature of a trial or other legal proceedings.

Question 6

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 7

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

Accepted Answer

iTablets can direct interrogatories to Andromeda, the opposing party in the lawsuit. Interrogatories are written questions that must be answered under oath, and they are typically directed towards the opposing party in the lawsuit. Suri and Kevin are witnesses, not parties to the lawsuit, and therefore cannot be directly subject to interrogatories from iTablets. The judge does not have personal knowledge of the facts of the case and is not a proper subject for interrogatories.

Question 8

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

Accepted Answer

The legitimate reason for Solar Power, Inc. to examine electronic documents in Thunder Bay Utility Company's possession would be that those documents contain evidence about the case.

Question 9

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 10

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

Accepted Answer

The arbitration clause agreement means that any dispute arising from the contract must be settled through arbitration, rather than going to court. If a dispute does arise, a court with jurisdiction may only order a party to submit to arbitration, rather than ordering an arbitrator to rule in a particular way or allowing a party to bring the dispute to court. Monitoring the arbitration would also be outside the court's jurisdiction. Therefore, the only correct option is D - ordering a party to submit to arbitration.

Question 11

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

Accepted Answer

Voir dire is the process of selecting a jury for a trial, where attorneys for both parties ask potential jurors questions to determine their suitability for the case. Therefore, the correct answer is D – the selection of jurors.

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 resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

Accepted Answer

Arbitration is a method of dispute resolution in which a neutral third party renders a binding decision.

Quiz 3: Courts and Alternative Dispute Resolution