Exam 4: Dispute Resolution

The activities of a large multinational corporation violated federal and provincial environmental laws.It polluted a clean water source and caused illness among the people and wildlife inhabiting the affected area.What would the corporation's lawyers most likely suggest as the main reason for attempting to force resolution of the legal dispute through ADR?

Even though the amount of accumulated interest awarded previously by the trial judge was reduced,management of Renna Inc.indicated to its lawyer that it was pleased with the result of her efforts on the company's behalf.Which of the following would Renna Inc.'s lawyer have most likely stated as an explanation of the decision rendered by the appeal court?

What is the rationale for strict limitation periods?

If a debt owed by a customer is not large and the customer is in financial difficulty,negotiating a payment plan or even writing off the debt may be more practical than spending money to try to collect on the account.

Davey Jones Law Offices acts as legal counsel to a large commercial client.The client has instructed Mr.Jones to prepare and file a litigation claim naming a competitor as the opposing party in the lawsuit.What title is given to the opposing party in the initiating document?

The filing and service of a defence is part of the pleadings stage of a legal action.

Walter receives and considers submissions from both parties involved in a commercial dispute.He will deliver his decision shortly.In accordance with the terms of the contract governing the disputing parties' relationship,they are bound to comply with that decision.What role does Walter play in providing a resolution to this dispute?

Which of the following statements best describes one of the features of alternative dispute resolution?

The procedural rules in most superior courts are designed to ensure that parties can represent themselves without consulting with a lawyer.

The parties reveal and demonstrate the facts that support their allegations during the pleadings stage of litigation.

Negotiating teams from two small companies reach a mutually agreeable compromise to settle a contractual dispute.The parties shake hands and part company with feelings of relief.What likely had the greatest motivating influence on the disputing parties to achieve a remedy through this form of dispute resolution?

The Ultimate Caterer Inc.did not fare well in court.In addition to damages,the company was ordered to pay costs to the young couple whose wedding dinner left them and many of their guests very ill.Which of the following correctly describes the meaning of costs in these circumstances?

A store manager of a large grocery chain makes a verbal offer to compensate a customer for a serious hand injury that requires medical attention.Even though the store manager's offer is refused,he is seriously reprimanded by the vice president of the legal risk department.What was the vice president's most significant concern?

Wilhelm Commercial Insurers Inc.is considering initiating a claim against an individual it now believes fraudulently misrepresented the facts of an insurance claim.The individual had been paid a substantial sum for a serious neck injury alleged to have been sustained in a slip and fall accident on a staircase in a retail store.If Wilhelm proceeds with the claim,how will the court place the burden of proof?

SolarCell Corp.has decided to litigate a dispute over an $8,000 outstanding account.Over the course of the business relationship,the customer has proven to be both unreliable and unreasonable.SolarCell is no longer interested in maintaining the business relationship.Which court will have jurisdiction to decide the outcome of SolarCell's claim?

Explain the nature of negotiation as an alternative dispute resolution method used in a business setting.Include a brief description of the technical rules that govern the operation of the negotiation process,the parties involved in preparing for negotiations,who should conduct the negotiations,and the elements required for a negotiated resolution or settlement to be reached.

Sian has been named in a lawsuit alleging a large balance owed on an automobile lease.Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement.Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down.If Sian wants to avoid a default judgment and recover her losses,how should she proceed?

Which of the following circumstances would cause a risk management department to consider referring a commercial dispute to alternative dispute resolution?

A commercial business should seek to manage the risk of loss by securing a basic coverage insurance policy with a reputable insurance company.

What is the burden of proof required to be satisfied in a civil lawsuit?