Exam 4: Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Jane has been dunned by her creditors for payment of her credit card bills. "But I have disputes over some of those charges, and I want to go to court under the Fair Credit Billing Act." One of her creditors points out to Jane that there was an arbitration clause in the terms and conditions given to her when she was given her credit card. "Credit card rights are given by federal law. I don't have to go to arbitration!"

Specific performance is an equitable remedy.

A directed verdict can occur immediately after the pleadings are filed.

A motion for summary judgment is:

In general it is okay for jurors to perform internet research concerning the case they are involved in during the case.

A summons:

This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge.

Explain the jurisdiction of courts within one nation over businesses from other nations.

Discuss why mediation is replacing arbitration as the preferred method of business dispute resolution.

A hung jury requires a retrial of the case.

For evidentiary purposes, accountants' work product and attorneys' work product are treated the same.

Which of the following is the first document filed in a lawsuit?

List the information that will be required to file a valid complaint on a breach of contract suit.

John Redmond was not paid for trim carpentry work that he did for Brenda Knighton in her home. Ms. Knighton does not dispute that Redmond did the work, but she says that he waited too long to file the suit because the time for suit is measured from the time the work began, which was over 4 years ago, and not from the time she failed to pay, which was two years ago. The statute of limitations in their state is four years. Which of the following is a correct statement?

Statutes of limitations are always four years.

Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in litigation.

A motion to dismiss can be granted:

The complaint and answer are both pleadings.

is replacing as the preferred method of business dispute resolution.

A prima face case: