Question 1

To resolve a dispute,Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

Accepted Answer

The answer of To resolve a dispute,Ripley in South Dakota...

Question 2

Fact Pattern 
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1B.A faster settlement of the dispute between Morsels and Nature may be reached through

Accepted Answer

Mediation would be the best choice because it allows the parties to work together with a neutral third party to come to a resolution that works for both of them. It also allows them to minimize the formal procedural rules that come with arbitration or litigation.

Question 3

Fair Trade Company and Good Shipping.Inc. ,have their dispute resolved in arbitration.The arbitrator meets with Fair's representative to discuss the dispute outside the presence of Good's representative,before determining the award.If this meeting substantially prejudiced Good's rights,a court will most likely

Accepted Answer

The answer of Fair Trade Company and Good Shipping.Inc. ,have...

Question 4

Jane and Kristy sign a contract that provides that if a dispute arises,they will submit to arbitration.A dispute arises,but before it goes to arbitration,Jane files a suit against Kristy.The court will likely

Accepted Answer

The court will likely order the parties to arbitrate because they have a contract that mandates arbitration in the event of a dispute. Courts generally enforce arbitration agreements and require parties to resolve their disputes through arbitration as agreed.

Question 5

Fact Pattern 
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1B.Oona,a third party,resolves the dispute between Morsels and Nature.In most states,Oona must issue an award or decision in writing

Accepted Answer

In most states, if the resolution involved arbitration (which is the likely course of action when a third party like Oona is resolving a contractual dispute), the decision or award must be issued in writing. Mediation and negotiation do not necessarily require a written decision, and there are no known circumstances in which no written decision would be required.

Question 6

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

Accepted Answer

This is a description of mediation, which involves a neutral third party (the mediator) suggesting potential solutions to the parties involved in a dispute in order to help them reach a mutually acceptable resolution. Arbitration (A) involves a neutral third party making a binding decision about the outcome of a dispute, while negotiation (C) involves the parties themselves negotiating a resolution without the involvement of a neutral third party. Option D is incorrect as this is a legitimate form of dispute resolution.

Question 7

Little Shops,Inc. ,and Mega Stores Corporation ask an arbitrator to resolve their dispute,which involves a matter of significant public concern.This is a ground for a court to

Accepted Answer

The question does not provide enough information to determine the correct answer. However, if a matter involves a significant public concern, a court may be required to intervene and review the dispute. Without further details, it is impossible to determine which option is the best choice.

Question 8

QuikSet Concrete Company and Rocky's Quarry,Inc. ,agree in writing to submit a dispute to arbitration.The Uniform Arbitration Act

Accepted Answer

The Uniform Arbitration Act provides the means for enforcing the agreement to submit a dispute to arbitration. It does not dictate the terms of the agreement or set out the proper subject matter, but it does uphold the validity of such agreements as long as they do not violate public policy.

Question 9

To resolve a dispute between Jo in Kansas City and Luc in Miami,NetServ,like most online dispute resolution (ODR)services,would apply the law of

Accepted Answer

Most online dispute resolution (ODR) services are designed to be neutral and impartial, and are not tied to any particular jurisdiction. Instead, they focus on resolving disputes based on the terms of service and agreements between the parties involved, rather than any specific legal framework. This allows for greater flexibility and adaptability, as ODR providers can tailor their processes and procedures to the needs of the parties and the nature of the dispute.

Question 10

Quinn and Ridgeline Cablevision Company engage in litigation.A distinguishing feature of judicial dispute resolution is that

Accepted Answer

A physical presence is required in a specific location for judicial dispute resolution, such as a courtroom. This is necessary for the parties involved, witnesses, and judge to be physically present and to ensure a fair and just process. Online aspects may be available for certain parts of the process, but physical presence is still required for the main proceedings.

Question 11

Donatello files a suit against Erasmus.Before going to trial,the parties meet,with their attorneys to represent them,to try to resolve their dispute without the involvement of a third party.This is

Accepted Answer

The process described is negotiation, which involves the parties and their attorneys trying to reach a resolution without involving a third party. It is a legitimate form of dispute resolution and can often lead to a mutually acceptable agreement without the time and expense of a trial. Arbitration involves a third party making a binding decision, and mediation involves a third party facilitating negotiations between the parties.

Question 12

O'Reilly files a suit against Petrarch.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

Accepted Answer

This scenario describes a summary jury trial, as both parties present their cases before a jury, who then presents an advisory verdict. Afterward, the judge encourages them to settle their dispute. This is a common process in a summary jury trial, which aims to promote settlement while also providing the parties with an idea of how a jury might rule in the case.

Question 13

A clause in a contract between Tall Timber Corporation,a U.S.firm,and Wang Woods,Ltd. ,a Japanese firm,specifies that disputes over the contract will be adjudicated in the United States.This is

Accepted Answer

This is a forum-selection clause, as it specifies the location or forum in which any disputes regarding the contract will be resolved.

Question 14

Seaside Hotels,Inc. ,adopts an alternative dispute resolution (ADR)program.Tess,a current employee,signs an agreement under which arbitration is subject to "Seaside's rules,with the employee to bear all costs of the proceeding." When a dispute arises,Tess refuses to arbitrate.Seaside files a suit to compel arbitration.The court will most likely

Accepted Answer

The answer of Seaside Hotels,Inc. ,adopts an alternative dispute resolution...

Question 15

Velvety Pancake House,Inc. ,a U.S.firm,and Wallaby Waffles,Ltd. ,an Australian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Velvety and Wallaby over a dispute involving this contract may occur in

Accepted Answer

Without a forum-selection or choice-of-law clause, litigation can occur in Australia or the United States, or both, as both countries have jurisdiction over the dispute. Therefore, the parties may choose to file a lawsuit in either country or both.

Question 16

Mikhail and Nika engage in online dispute resolution (ODR).A distinguishing feature of ODR is that

Accepted Answer

Online dispute resolution (ODR) is a method of resolving disputes using online methods such as video conferencing, email, or other digital communication methods. A distinguishing feature of ODR is that all aspects of the proceeding can be done online, making it convenient and accessible for parties who may not be located in the same geographic area. Therefore, choice A is the correct option.

Question 17

EZ Assembly,Inc. ,and Factory Outlet Stores have their dispute resolved in arbitration.The arbitrator makes a mistake in a conclusion of law.This is a ground for a court to

Accepted Answer

Arbitration awards are generally final and binding, and courts have very limited grounds to review or set aside an arbitrator's decision. A mistake in a conclusion of law is typically not sufficient for a court to intervene.

Question 18

Owen,in Pennsylvania,and Quay Docks,Inc. ,in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia.This is a ground for a court to

Accepted Answer

The agreement to arbitrate according to the law of Virginia is not a ground for a court to intervene in the arbitration process. Courts generally do not interfere with arbitration agreements unless there is a specific legal reason to do so, such as fraud or a violation of public policy.

Question 19

Milo files a suit against Otis.At the trial,each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision.This is

Accepted Answer

The scenario describes a formal legal dispute resolution process through litigation, where both parties present their cases before a judge who makes a legally binding decision. Options A and B refer to alternative dispute resolution (ADR) methods that involve a shorter and less formal process than litigation. Option D is incorrect as litigation is a legitimate form of dispute resolution recognized by the legal system.

Question 20

Lamont files a suit against Melvin.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who renders a legally binding decision.This is

Accepted Answer

In arbitration, the parties present their dispute to a third party who renders a legally binding decision. This is different from mediation, where the third party helps the parties come to a voluntary settlement, and negotiation, where the parties try to reach a resolution themselves without involving a third party. Therefore, answer choice A) is the best option. Answer choices B) and C) are incorrect because they describe other forms of dispute resolution. Answer choice D) is incorrect because arbitration is a recognized and legitimate form of dispute resolution.

Quiz 3: Alternative and Online Dispute Resolution

To resolve a dispute,Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

Fact Pattern Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1B.A faster settlement of the dispute between Morsels and Nature may be reached through