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

Albert has sued Tina and received a judgment for $50,000.Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.

JR Winery grows grapes and produces wine in the state of Delaware.They purchase their corks from Cork Masters,a California cork importer.Despite a written contract,Cork Masters has informed JR Winery that they will immediately be raising the cost of corks 20%.JR Winery disputes the added charges and claims a breach of contract.They agree that they want to resolve the dispute as cheaply as possible but also agree that they want to actually see each other during any dispute resolution proceedings.Which type of ODR would best suit their mutual interests?

In the typical business context,ADR is invoked either via contract or by mutual agreement.

In Brower v.Gateway Computer,the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers.With regard to the agreements enforcement,the court determined that:

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

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

After the complaint is filed,the complaint and summons are served on the defendant.What is the summons and what constitutional mandate does service of the complaint and summons accomplish?

Discuss the potential advantages of ADR over litigation.

In civil cases,the standard of proof used by state trial courts is a preponderance of the evidence while in federal trial court the standard of proof is beyond a reasonable doubt.

A jury which cannot agree on a verdict is called a ________ jury.

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

Voir dire:

Which of the following is not true of ADR proceedings?

You have just graduated and have started your own business.You will be providing goods and services to the general public and you are concerned about potential legal exposure and resultant costs of litigation.You'd like to add a mandatory arbitration clause to all of your contracts.Is a mandatory arbitration clause legal and valid and if so,what concerns must you consider in constructing this clause?

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a:

In Bridgestone Americas Holding,Inc.v.Mayberry,the court had to determine if Bridgestone's trade secret for a particular formula was discoverable.They decided:

Laura and Susan have 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.

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

During the pleadings stage,a third party may be brought into the trial by a defendant by filing a/an:

While normal arbitration produces an arbiter's decision and the parties are bound by the award,online arbitration produces a decision; however,the award is not binding on the parties.