Question 1

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.

Accepted Answer

A) True 
 B)False

Question 2

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?

Accepted Answer

A)  online negotiation 
B)  online mediation 
C)  online arbitration 
D)  med-arb

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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:

Accepted Answer

A)  because the Standard Terms and Agreements document made the arbitration agreement enforceable after the customer retained the computer for thirty days and over thirty days had elapsed, the agreement was considered accepted and enforceable. 
B)  because Congress had indicated in the Federal Arbitration Act that arbitration agreements were the preferred method of dispute resolution, the courts were bound and preempted by Congress's stated policy so the agreement had to be enforced. 
C)  because the parties could not agree on a suitable arbitrator, the clause was useless and only litigation before a court could adequately and fairly resolve the dispute. 
D)  because the mandatory fee required by the arbitration forum exceeded the cost of most of Gateway's products, the prohibitive cost of arbitration made the arbitration unfair and biased toward Gateway and therefore nullified the arbitration clause

Question 5

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

Accepted Answer

A)  arbitration 
B)  mediation 
C)  med-arb 
D)  using expert evaluators

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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?

Accepted Answer

The answer of After the complaint is filed,the complaint and...

Question 8

Discuss the potential advantages of ADR over litigation.

Accepted Answer

The answer of Discuss the potential advantages of ADR over...

Question 9

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.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

The answer of A jury which cannot agree on a...

Question 11

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

Accepted Answer

The answer of When a dispute arises between two parties,one...

Question 12

Voir dire:

Accepted Answer

A)  is a form of discovery. 
B)  is the process of choosing a jury. 
C)  is a motion made after trial seeking an appeal. 
D)  is the process of notifying a defendant that they have been sued

Question 13

Which of the following is not true of ADR proceedings?

Accepted Answer

A)  the jury decision in an ADR proceeding is automatically subject to one appeal 
B)  the party conducting the ADR hearing is chosen by the disputing parties themselves in certain instances 
C)  ADR hearings generally result in much less publicity than does litigation 
D)  ADR hearings usually arrive at a resolution at a much lower cost than does litigation

Question 14

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?

Accepted Answer

The answer of You have just graduated and have started...

Question 15

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:

Accepted Answer

A)  motion for a summary judgment. 
B)  motion to dismiss for mistrial. 
C)  motion for a judgment as a matter of law. 
D)  motion to dismiss

Question 16

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:

Accepted Answer

A)  whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed. 
B)  because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable. 
C)  the trade secret formula was not discoverable because the case could be proven by the tire's appearance and disclosure of the trade secret formula was therefore not pertinent. 
D)  if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A)  supplementary answer. 
B)  counterclaim. 
C)  cross-claim. 
D)  additional complaint

Question 20

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.

Accepted Answer

A) True 
 B)False

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.

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?

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.