Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

In American Express v. Italian Colors Restaurant, American Express entered into agreements with Italian Colors Restaurant and other merchants that accept American Express credit cards. The agreement required that all disputes be settled through arbitration and prohibits class actions. The merchants filed a class action antitrust claim against Amex, arguing that they should be allowed to bring the claim as a class because the cost of expert analysis to prove the case exceeded the maximum recovery available to an individual merchant plaintiff. How did the U.S. Supreme Court decide?

From first to last, which of the following trial stages are in the correct order?

The Federal Arbitration Act provides four grounds by which a court may set aside the award of an arbitrator. Name them.

At trial, the judge decides the facts and the jury decides the law.

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

A ________ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Arbitration can at times be legally mandated, but mediation is entered into only on a voluntary basis.

Evidence that proves innocence or nonliability is called ________ evidence.

The number of civil cases filed annually in state and federal courts combined exceeds:

A complaint will contain each of the following except:

In the civil system, the term litigation refers to:

When the judge issues the jury instructions, the judge is said to be charging the jury.

Online dispute resolution (ODR) has all of the advantages of traditional forms of ADR.

The discussions by the jury in a closed room while they attempt to reach a verdict are called _______.

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.

The filing of the complaint begins which stage of litigation?

Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.

Counterclaims are filed by the plaintiff in civil matters.

Lois is a reporter for the school newspaper and generally writes satirical articles spoofing students, faculty, and school policy. After one particular article, Professor Mackey fails to find the humor in Lois's portrayal of her as a leftover 1960s hippie and sues Lois for defamation. In fact, Professor Mackey is a modern woman with a degree in sociology and has written extensively on American culture in the 1960s and 70s. She did attend Woodstock, still listens to Led Zeppelin, and still occasionally wears tie-dyed T-shirts when not professionally dressed. The state trial court finds for Professor Mackey, and the jury awards her $10 million. Is there anything that Lois can do besides filing for an appeal?