Exam 4: Dispute Resolution

Martha's lawyer is not satisfied with the court's decision, so he is urging her not to accept it. What step in the litigation process is Martha's lawyer recommending she take?

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?

Two companies involved in an international transaction contractually agreed on which country's laws would apply and which country's court would preside over litigation of disputed matters. According to those provisions, an English court awarded judgment in favour of the Canadian company against the Italian company for breach of contract. Which of the following would immediately indicate that the Canadian company continues to face a significant hurdle with regard to successfully concluding the disputed matter?

Davey Jones Law Firm has filed a claim with the court on behalf of its client, naming Gaston's Commercial Fabricators Inc., as the opposing party. What title is given to Gaston's in the initiating document?

Identify and briefly describe matters that will influence the best courses of action a business may choose to take with respect to dispute resolution. Include an indication of the key element involved in approaching this process.

What litigation term is used to describe the party that has a judgment registered against them?

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?

One of the most important factors to be considered when deciding whether to proceed with a litigation of a conflict that failed to be remedied through negotiation is whether the business can devote the necessary resources to proceed with the dispute.

What difference between litigation in Canada and litigation in the United States causes concern for Canadian companies that do business in the U.S. marketplace?

The suitability of disputes for alternative dispute resolution is not dependent on the type of law involved.

The party ordered by the court to pay a specified amount to a winner of a lawsuit is known as a judgment debtor.

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 Davey Jones's client in the initiating document?

What does "ADR" stand for, in reference to "ADR training"?

Discuss what a class action lawsuit is, including a brief description of the requirements that must be met under legislation passed in some provincial jurisdictions that would enable a class action law suit. Also include a brief explanation of how a determination is made as to whether a class action may proceed in a province that has not passed specific legislation governing the process.

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

Which of the following characterizes a required element in circumstances where ADR has been chosen as the preferred method of resolving a dispute between commercial entities?

What is the role of the pleadings stage of the litigation process?

When a dispute is covered by insurance, it is important that employees are aware that an attempt to negotiate a settlement may jeopardize coverage unless the insurer consents to the company conducting negotiations.

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?

Following the court's registration of a claim, which of the following immediately activates the limitation period with respect to the deadline for filing of the defendant's response?