Exam 4: Dispute Resolution

One of the factors influencing whether negotiations to remedy a dispute will succeed is the effectiveness of the parties involved in the negotiations.

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?

It is considered unwise to undertake litigation without having an appreciation of its potentially adverse consequences.

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 role of common law and statue law with regard to the litigation of a commercial dispute?

What is the meaning of "evidence" in the legal environment?

To a business that has become the target of litigation, contingency fees can result in more litigation by improving accessibility to the legal system for claimants who might otherwise lack the resources to sue.

For how long, and under what circumstances, would a losing party's personal income and other assets such as land, houses, and vehicles be at risk?

An unsuccessful litigant may appeal a trial decision as long as notice of that party's intention to appeal is filed within a specified number of days following the delivery of the trial court's decision.

A controversial development has been the awarding of legal costs against unsuccessful plaintiffs involved in class action suits.

In addition to setting out the details of who must pay how much to whom, which of the following is required in a court's decision in a civil case?

What is the meaning of the term "limitation period"?

Procedural rules dictate how a claim is carried through the civil justice system.

According to the rules provided for under the Arbitration Act, an arbitrator's binding decision may be referred for appeal before a judge presiding in a superior court.

Contrast the advantages and disadvantages of alternate dispute resolution.

There is a short-term concern that widespread use of ADR will result in diminished openness and accountability of the legal system.

John is hoping for an opportunity to settle his lawsuit based on the strength of his evidence before an actual trial takes place. How should he instruct his lawyer to proceed with respect to the litigation process?

Identify the party on whom the burden of proof rests with respect to a trial of a commercial dispute. Briefly explain what satisfying the burden of proof will entail in the trial process, how the opposing party is entitled to respond at this stage, and what is required of the judge presiding over the litigation of the matter.

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?

NoTangles Wireless Connections Inc. enters the details required on the claim form provided by the small claims court: each party's name and address, the nature of the dispute, and the claim amount of $25,050. Why will the court clerk refuse to register NoTangles's claim?