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

Every trial requires a jury.

Spoilation is the destruction of evidence that is needed in a case.

A default is entered when the defendant counterclaims.

Explain the differences between arbitration and litigation.

Which of the following may not be included in the answer to a complaint?

Which of the following is a true statement about depositions?

If privacy is an important requirement for resolution of a company's disputes, which of the following methods would you recommend?

A mini-trial is a public method of dispute resolution.

The parties select the arbitrator for arbitration.

Flozell Adams is a professional football player formerly with the Dallas Cowboys. He submitted a claim in arbitration against his agent, Roosevelt Barnes (according to the terms of their contract for fees and the union rules for settlement of player disputes with agents). He said Barnes owed him because of overpayment on his contracts that Barnes negotiated for him with the Cowboys. Adams was notified of the binding arbitration hearing date. When he arrived, he said he was unaware of his right to counsel and asked for a postponement of the hearing so that he could retain counsel. His request was denied. The arbitrator found for Barnes for the contract for the eight seasons Adams played for the Cowboys. Barnes did not owe any money to Adams. In fact, the arbitrator found that Adams owed Barnes fees for his contracts for three of the Cowboys' seasons. Adams then filed suit to have the arbitration award set aside because he said the arbitrator was biased and that the arbitrator ignored the statute of limitations on some of the contracts. Which of the following best describes what the court can do about the arbitration award?

A motion for summary judgment is appropriate only if there are no issues of fact.

Mandatory arbitration is unconstitutional.

Outline the steps involved in litigation.

What are the sanctions for the failure to admit facts made through a request for admissions?

Name and describe three types of motions that can be made prior to trial.

What are the differences between arbitration and mediation?

Realty Partners, Inc. is being sued by a buyer who bought a home listed by Realty Partners. Realty earned a commission on the sale. The buyer is suing because the house has termites. Realty had obtained an inspector's report that described the home as "termite-free." Realty has brought the inspector into the lawsuit (added inspector as a cross-claimant). What type of information does Realty need? How can it be obtained?

In personam jurisdiction is not an issue when one of the parties is from another country.