Exam 3: The Uslegal System and Alternative Dispute Resolution

A type of ADR in which lawyers for all parties present their arguments to a neutral third party,who then offers a nonbinding opinion as to what the verdict would be is called:

What is a summary jury trial?

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.The challenge to the juror who said that they could not be fair is referred to as a(n):

Revenge.Jane,a first-year law student,while walking to school in inclement weather,accidentally slipped on ice knocking down Greg,another first-year law student,breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.Greg also decided to sue Jane for negligence,claiming as damages $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Greg sued Jane in state court.Jane,in the same lawsuit,brought an action against Greg for letting the air out of her tire.At trial in state court,Jane told the judge that a friend,Susie,told her that she saw Greg let the air out of Jane's tire.The judge disallowed Jane's testimony on that issue.Susie,however,who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Jane.Greg said that he was not giving up and that he would seek double damages on appeal in federal court.Jane and Greg live in different states when not attending school.After trial,Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg.Jane's action against Greg for the tire is called a(n)________.

In most states,a party has a certain,limited number of peremptory challenges.

An arbitrator is less likely to issue a compromise decision than a judge.

A federal district court established a "sliding-scale" standard for determining whether a business with Internet connections satisfies the minimum-contacts standard.

In which of the following do parties select a neutral third party and explain their respective positions to the neutral third party,who then evaluates the strengths and weaknesses of the case?

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

________ statutes enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction.

At a(n)________,attorneys examine a witness under oath with a court reporter present.

Interrogatories are:

What is the term of appointment for United States Supreme Court justices?

Bob sued Jane over a motor vehicle accident.Bob and Jane settled the case prior to trial for $1,000.The lawsuit is now ________.

Supreme Court.Jim,who is a bit eccentric,says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters.Jim also says that he is going to start his case at the appellate court level,skipping over all those "lesser" judges.Jim says that those justices will surely hear him out and that he will also seek a jury.Although he is not a lawyer,Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved.Regardless of what court is involved,can Jim act as plaintiff for the employees?

Cindy struck her co-worker Hank with her car in the company parking lot,breaking his leg.The accident happened because without warning,Cindy's brakes failed.Hank was out of work as a bookkeeper for one week,but otherwise recovered without incident.He sued Cindy for one million dollars for his injuries.Cindy decides to do nothing in response to the lawsuit because she sees no way that she can win.Is she right? Why or why not? What would you suggest she do with respect to Hank's civil lawsuit against her? Why is it important that Cindy proceed immediately at this point in the litigation?

The United States Supreme Court hears approximately 175 cases per year.

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.In choosing the jury,Linda and Sam were engaged in ________.

Which of the following is an advantage of mediation?

According to the text,what are four advantages of alternative dispute resolution (ADR)over traditional litigation?