Question 1

Each stage of litigation is separate and distinct and each must be completed before the next stage may be started.

Accepted Answer

Litigation stages often overlap, and some may proceed concurrently rather than requiring the strict completion of one stage before moving on to the next. For example, discovery and pre-trial motions can happen simultaneously.

Question 2

The American Arbitration Association provides mediation services as well as arbitration services.

Accepted Answer

The American Arbitration Association offers both mediation and arbitration services to help parties resolve disputes.

Question 3

While normal arbitration produces an arbiter's decision and the parties are bound by the award,online arbitration produces a decision; however,the award is not binding on the parties.

Accepted Answer

In both normal and online arbitration, the arbiter's decision is typically binding on the parties unless they have agreed otherwise.

Question 4

Generally,everything relevant to a dispute is discoverable in a civil law suit unless protected by a legal privilege.

Accepted Answer

This is the general rule of discovery in a civil law suit, unless certain information is protected by a legal privilege such as attorney-client privilege or doctor-patient privilege.

Question 5

Online negotiation is available for minor disputes but disputes arising from complex transactions may only be resolved with traditional face to face meetings.

Accepted Answer

Online negotiation can be used for both minor disputes and complex transactions, as technology and platforms have evolved to handle a wide range of negotiation scenarios.

Question 6

The term litigation refers to the trial,but does not include pretrial events as well.

Accepted Answer

The term litigation refers to the entire legal process including pretrial events such as pleadings, discovery, and motions.

Question 7

The Federal Arbitration Act specifically enumerates specific procedures for conducting arbitration hearings.

Accepted Answer

The Federal Arbitration Act does not specify procedures for conducting arbitration hearings. It only provides a framework for enforcing arbitral awards. The procedures for conducting hearings are usually determined by the parties' agreement or the rules of the chosen arbitration institution.

Question 8

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Accepted Answer

While trade secrets are protected, they can be subject to discovery if they are relevant to litigation. However, courts often implement protective measures to prevent unnecessary disclosure.

Question 9

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in which the arbitration took place.

Accepted Answer

The Federal Arbitration Act provides for the enforcement of arbitration agreements and decisions through federal courts, not state courts.

Question 10

Arbitration can at times be legally mandated but mediation is entered into only on a voluntary basis.

Accepted Answer

While mediation is typically entered into on a voluntary basis, there are circumstances under which parties may be required by law or contract to engage in mediation before proceeding to litigation or arbitration.

Question 11

In civil cases,the standard of proof used by state trial courts is a preponderance of the evidence while in federal trial court the standard of proof is beyond a reasonable doubt.

Accepted Answer

The statement is incorrect. The preponderance of the evidence standard is used in both state and federal civil cases, while the beyond a reasonable doubt standard is only used in criminal cases in both state and federal courts.

Question 12

Larry has sued Jeff and received judgment in the amount of $24,000.Larry is a judgment creditor.

Accepted Answer

A judgment creditor is someone who has won a lawsuit and received a judgment in their favor. Larry has sued Jeff and received a judgment in the amount of $24,000, so he is a judgment creditor.

Question 13

Legally mandated arbitration is nonbinding arbitration.

Accepted Answer

The answer of Legally mandated arbitration is nonbinding arbitration....

Question 14

For the courts to allow a law suit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Accepted Answer

The answer of For the courts to allow a law...

Question 15

In the typical business context,ADR is invoked either via contract or by mutual agreement.

Accepted Answer

ADR (Alternative Dispute Resolution) methods like mediation, arbitration, and negotiation are commonly used in business to resolve disputes. This is usually done by incorporating ADR clauses in contracts or by mutual agreement between parties.

Question 16

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Accepted Answer

The Federal Arbitration Act (FAA) provides for the enforceability of arbitration agreements in contracts involving interstate commerce, and Congress has expressed a strong policy preference for the use of arbitration as a means of alternative dispute resolution in matters governed by federal law.

Question 17

A motion for a summary judgment may be filed by either the plaintiff or defendant.

Accepted Answer

A motion for summary judgment can be filed by either the plaintiff or the defendant. This motion essentially asks the court to rule in favor of the moving party based on the evidence presented without the need for a trial.

Question 18

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Accepted Answer

In med-arb, a single neutral individual starts as a mediator to help the parties reach a voluntary agreement; if this fails, the process transitions to arbitration, where the neutral individual makes a binding decision.

Question 19

Laura and Susan have had a motor vehicle accident and Susan has sued Laura claiming severe back injuries.If Laura wants to obtain a copy of Susan's doctor and hospital reports,she should serve a request for admissions to Susan.

Accepted Answer

Laura would need to serve a request for production or subpoena on Susan's doctor and hospital to obtain copies of Susan's medical records. A request for admissions would be used to ask Susan to admit or deny certain statements related to the case.

Question 20

In Alston v.Advance Brands and Importing Company,the court reasoned that if the actual sale and purchase (of alcohol)is insufficient to remedy Alston's alleged injuries,then outlawing mere advertising must be insufficient as well.

Accepted Answer

The court reasoned that if the actual sale and purchase of alcohol did not remedy the alleged injuries, then outlawing advertising alone would also be insufficient.

Quiz 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options