Question 1

Fact Pattern 2-3 
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because

Accepted Answer

Mediation is a preferred method for parties who have a long-standing business relationship because the process is not adversarial. Mediation allows the parties to work together to reach a mutually agreeable solution, rather than having a winner and a loser in a trial. Additionally, mediation is often less expensive and time-consuming than going to trial. However, it does not involve a mini-jury or an expert decision-maker, and there is no guarantee that the dispute will not eventually go to trial if mediation is unsuccessful.

Question 2

Betty files a suit against Carly.Before going to trial,the parties meet,with their attorneys to represent them,to try to resolve their dispute without involving a third party.This is

Accepted Answer

The scenario describes a situation in which the parties and their attorneys are attempting to work out a solution without the involvement of a third party, which is the definition of negotiation. Arbitration involves a third party making a binding decision, while mediation involves a third party facilitating communication but not making a decision. Litigation is the formal process of taking a dispute to court, which has not yet occurred in this scenario.

Question 3

Delta Stores,Inc. ,files a suit in a state court against Electra Computer Corporation,alleging that Electra breached a contract to sell 500 notebook computers to Delta.During the course of the suit,Delta files a motion for judgment on the pleadings,Electra 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 Delta Stores,Inc. ,files a suit in a...

Question 4

Jim files a suit against Kino.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a neutral third party who renders a legally binding decision.This is

Accepted Answer

The scenario described is arbitration, which involves a neutral third party making a legally binding decision on the dispute between the parties. Litigation refers to the traditional court process, while mediation is a non-binding process aimed at helping parties reach a mutually agreeable resolution. Negotiation refers to direct discussions between the parties, without the involvement of a third party.

Question 5

Molly files a suit against Nick.They meet,and each party's at?torney ar?gues the party's case before a judge and jury.The jury renders an advi?sory ver?dict,after which the judge meets with the parties to en?courage them to set?tle their dispute.This is

Accepted Answer

This is a summary jury trial, which involves a non-binding, advisory verdict rendered by a jury followed by a settlement conference with a judge encouraging settlement.

Question 6

Ace Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC appeals the court's decision,as?serting that the evidence presented at trial to support Ace'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 reviewing a case?

Accepted Answer

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

Question 7

Necessity Consumer Goods Corporation and Olive agree to re?solve their dispute in arbitration.The arbitrator's decision is called

Accepted Answer

In arbitration, the decision made by the arbitrator is called an "award." This is the final decision and is binding on both parties involved in the dispute. Therefore, option C is the correct answer. Option A "conclusion of law" and option B "finding of fact" are types of decisions made in a court trial, not in arbitration. Option D "verdict" is also a decision made in a court trial, not in arbitration.

Question 8

In Harry'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

In a mini-trial, each party's attorney presents their case as they would at trial, and a third party, often an expert or retired judge, gives an opinion on how a court might decide the case.

Question 9

Fact Pattern 2-3 
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the ad?van?tages of

Accepted Answer

Arbitration is a dispute resolution method in which a neutral third party renders a binding decision. Therefore, resolving the dispute between Java and Kaffe through arbitration would provide the advantage of having a binding decision made by a neutral third party. Conciliation is a non-binding dispute resolution method, intervention refers to third-party involvement in negotiations, and mediation involves a neutral third party facilitating a discussion between the parties but does not render a binding decision.

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

A court having jurisdiction may order a party to submit to arbitration as per the arbitration clause in the contract. However, the court cannot monitor or order the arbitrator to rule in a particular way, and the clause in the contract specifically chooses arbitration as the method for dispute resolution instead of bringing the dispute to court.

Question 11

Dick submits his claim against EZ Sales Corporation to FairSettle.com,a private,online dispute resolution forum.At any time,an appeal of the dispute to a court may be made by

Accepted Answer

Both parties have the option to appeal the dispute to a court at any time.

Question 12

Fact Pattern 2-3 
Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-3.The least expensive method to resolve the dis?pute between Java and Kaffe may be

Accepted Answer

Negotiation would be the least expensive method to resolve the dispute as it involves the two parties directly communicating and reaching a mutual agreement without involving any third parties or legal fees.

Quiz 2: Traditional and Online Dispute Resolution

Fact Pattern 2-3 Java Cafes,Inc. ,and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-3.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because