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

Alan is stopped at a traffic light when he is run into by Bianca. He sues her for negligence. At trial, Alan produces evidence that Bianca had a blood alcohol level of 1.3, that she was texting at the time of the accident, and that she was not wearing her prescription glasses when she rear-ended him. This type of evidence produced by Alan is called:

When the American Arbitration Association receives an application for appointment of an arbitrator, it:

When a dispute arises between two parties, one party will typically make an informal ________ on the other party prior to initiating a lawsuit.

Voir dire:

Laura and Susan had a motor vehicle accident, and Susan has sued Laura claiming severe back injuries. If Laura wants to obtain a copy of Susan's doctor and hospital reports, she should serve a request for admissions to Susan.

The American Arbitration Association provides mediation services as well as arbitration services.

Fred is a student in your class and is frequently disruptive. Your professor has asked him to stop talking four times and to stop texting three times just in today's class. Finally your professor asks him to leave, and when Fred says, "Make me," your professor loses it and knocks him out with a right cross to the jaw. Fred is now suing your professor for civil battery. Both sides believe that you can provide valuable information for their sides. Which discovery method should they use to get your information?

Lawsuits filed for illegitimate reasons such as for harassment, for intimidation, or to cause the other party unnecessary costs are called abusive or ________ lawsuits.

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

The document served on the defendant along with the complaint that provides actual notice of the lawsuit is called a _______.

Which of the following does not result in a decision rendered by the hearing officer?

Kathy is stopped at a red light when her car is run into from behind by Mike. This occurred at noon on a clear and sunny day on a dry road. Kathy claims a serious back injury and is suing for various forms of damages. There were three witnesses to the accident. With regard to discovery methods, which form of discovery would be most appropriate in each of the following situations? Fully explain. a. Kathy would like to avoid calling an expert witness to testify as to road and weather conditions at the time of the accident. b. Kathy would like to determine whether Mike was talking on his cell phone or texting at the time of the accident. c. Mike would like to see the doctor's reports discussing Kathy's back injury. d. Both Mike and Kathy would like to get statements from the witnesses.

Wanda has graduated from a university and after nine months has failed to find a job. She graduated with a degree in business, and her college was AACSB accredited. (AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.) In her complaint, she alleges that four years of school and tuition should guarantee a job in the field of study and states that she wants her money back. At no time did her school guarantee job placement, either through express or implied statements. Wanda does not disagree with this but still thinks that she was wronged and that it's unfair to graduate and not get a job automatically. The school will be successful in extinguishing Wanda's lawsuit if its attorney files a:

Questions asked by an attorney of witnesses whom they have called to testify are called a cross-examination.

To successfully pursue a lawsuit, the plaintiff must evidence standing to sue. What must the plaintiff prove in order to establish standing to sue?

Online negotiation is available for minor disputes, but disputes arising from complex transactions may be resolved only with traditional face-to-face meetings.

Discuss the potential advantages of ADR over litigation.

The plaintiff and defendant, the adverse parties in a lawsuit, are called the _______.

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.