Question 1

Tech Performance,Inc.,completes programming and other tech services for Uno IT Products Corporation. When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech Performance'sincompetence and files a complaint in a federal court against the firm. What are Tech Performance'soptions in response?

Accepted Answer

The answer of Tech Performance,Inc.,completes programming and other tech services...

Question 2

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called
A)a conclusion of law.
B)a finding of fact.
C)an award.
D)a verdict.

Accepted Answer

In arbitration, the arbitrator makes a decision called an award, which resolves the dispute between the parties involved. A conclusion of law and a finding of fact are terms more commonly associated with court cases, and a verdict is the decision made by a jury in a trial.

Question 3

Service Employees International Union and Timberline Products,Inc.,have their dis-pute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to
A)none of the choices.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside the award.

Accepted Answer

When an arbitrator arbitrates issues that the parties did not agree to submit to arbitration, it is called "exceeding their authority". This is a ground for a court to set aside the award. Therefore, the correct choice is D.

Question 4

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,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

Nonbinding arbitration means the parties are not legally bound by the decision and can still seek resolution in court if they choose.

Question 5

First Community Credit Union and General Hydraulics. Inc.,have their dispute re-solved in arbitration. Be-fore determining the award,the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics'representative being present. If this meeting substantially prejudices General Hydraulics'rights,a court will most likely
A)compel arbitration.
B)review the merits of the dispute.
C)review the sufficiency of the evidence.
D)set aside any award.

Accepted Answer

The meeting with only one party present could be seen as a violation of due process and may have substantially prejudiced General Hydraulics' rights. Therefore, they would likely appeal to have the award set aside.

Question 6

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness 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 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 an impartial third party helps the disputing parties to reach a mutually acceptable solution. It provides a less confrontational and less expensive alternative to litigation. As Farmers Pantry and Market Grocers want to continue their business relationship, they may prefer to use mediation to resolve their dispute in a cooperative and collaborative manner. The other options mentioned in the question, such as a trial with a jury or a resolution by an expert, are not as suitable for this situation.

Question 7

If Cornel and Deanna 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

Arbitration is a method of dispute resolution in which a neutral third party makes a binding decision on the outcome of the dispute. Conciliation involves a third party who facilitates the communication and negotiation between the disputants but does not make a binding decision. Intervention refers to a third party who becomes involved in a dispute to assist but does not make a decision. Mediation involves a third party who facilitates communication and negotiation between the disputants to reach a mutually agreeable solution, but it is not binding.

Question 8

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

Accepted Answer

Negotiation is the alternative dispute resolution method that allows parties to resolve their disputes without involving any third party, relying instead on direct discussions to reach a mutually acceptable agreement.

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

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com,an on-line forum. Like most online forums,Come2Terms.com applies
A)general,universal legal principles.
B)the provisions of the Federal Arbitration Act.
C)jurisprudence developed by the United Nations.
D)the law of California (or another specific U.S. jurisdiction).

Accepted Answer

The answer of Millie and Noble dispute the quality of...

Question 11

Lorena files a suit against Milton. Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute. A third party sug-gests or proposes a resolution,which the parties may or may not decide to adopt. This is
A)arbitration.
B)mediation.
C)negotiation.
D)not a legitimate form of dispute resolution.

Accepted Answer

The answer of Lorena files a suit against Milton. Before...

Question 12

Raylene files a suit against Travis. If this suit is like most cases,it will be
A)dismissed during a trial.
B)settled before a trial.
C)resolved only after a trial.
D)transferred to a higher court.

Accepted Answer

Most cases are settled before a trial because settling outside of court is often less expensive and time-consuming for both parties involved.

Quiz 3: Courts and Alternative Dispute Resolution

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is called

Service Employees International Union and Timberline Products,Inc.,have their dis-pute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to

To resolve a dispute in nonbinding arbitration,Alyson in Baltimore and Chuck in Denver utilize E-Resolve,an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness relationship that they would like to continue,they may prefer to settle their dispute through mediation because

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

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

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com,an on-line forum. Like most online forums,Come2Terms.com applies

Lorena files a suit against Milton. Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute. A third party sug-gests or proposes a resolution,which the parties may or may not decide to adopt. This is

Raylene files a suit against Travis. If this suit is like most cases,it will be