Question 1

Pixie files a suit against Quiver.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the parties.This is

Accepted Answer

A)  arbitration.
B)  mediation.
C)  negotiation.
D)  not a legitimate form of dispute resolution. A

Question 2

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.If Organico and Pleasant Valley have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be mediation because

Accepted Answer

A)  the case will be heard by a mini-jury.
B)  the dispute will eventually go to trial.
C)  the process is not adversarial.
D)  the resolution of the dispute will be decided an expert. C

Question 3

Olivia files a suit against Parker.If this suit is like most cases,it will be

Accepted Answer

A)  dismissed during a trial.
B)  dismissed or settled before a trial.
C)  resolved only after a trial.
D)  settled at a trial. B

Question 4

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN).ICANN's purpose is to

Accepted Answer

A)  arbitrate international commercial disputes between private parties.
B)  facilitate the litigation of any cyberspace dispute.
C)  focus on the negotiation of any e-commerce dispute.
D)  oversee the distribution of domain names.

Question 5

All courts require arbitration before a case goes to trial.

Accepted Answer

A) True 
 B)False

Question 6

On appeal of an arbitrator's award,a court will look at the merits of the underlying dispute.

Accepted Answer

A) True 
 B)False

Question 7

Pretrial mediation is never mandatory.

Accepted Answer

A) True 
 B)False

Question 8

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an online forum.Like most online forums,2BRNot2B.com applies

Accepted Answer

A)  general,universal legal principles.
B)  ICANN's Rules for Uniform Dispute Resolution Processes.
C)  jurisprudence developed by CAN-WIN.
D)  the law of California (or another specific U.S.jurisdiction) .

Question 9

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the advantages of

Accepted Answer

A)  arbitration.
B)  facilitation.
C)  negotiation.
D)  mediation.

Question 10

Ethanol Products,Inc. ,and Fuel Oil Corporation submit a dispute to arbitration.Garth,the arbitrator,is not a judge or a lawyer.How,then,can Garth's decision have the force of law and be binding on the parties involved

Accepted Answer

The answer of Ethanol Products,Inc. ,and Fuel Oil Corporation submit...

Question 11

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is

Accepted Answer

A)  a mini-trial.
B)  a summary jury trial.
C)  early neutral case evaluation.
D)  not a legitimate form of dispute resolution.

Question 12

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitration proceedings.The award will be binding on

Accepted Answer

A)  Berle and Clover.
B)  neither Berle nor Clover.
C)  the losing party only.
D)  the prevailing party only.

Question 13

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act

Accepted Answer

A)  dictates the terms of the agreement.
B)  provides the means for enforcing the agreement.
C)  sets out the proper subject matter of the agreement.
D)  voids the agreement as a violation of public policy.

Question 14

Roy agrees to work as a financial advisor on a commission basis for Secure Investments,Inc. ,and signs an employment contract that includes an arbitration clause.A dispute arises over the amount of Roy's commission.Roy files a suit against Secure Investments,seeking $25,000 in unpaid commissions and $50,000 in other damages.Secure Investments insists that the parties submit the dispute to arbitration.On what Roy believes is insufficient evidence,the arbitrator awards Roy only $500 and issues a written opinion that includes an erroneous finding of fact and a mistaken conclusion of law.Can Roy successfully challenge this award in court Why or why not

Accepted Answer

The answer of Roy agrees to work as a financial...

Question 15

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR).ODR is essentially a form of

Accepted Answer

A)  alternative dispute resolution (ADR) .
B)  judicial dispute resolution (JDR) .
C)  traditional dispute resolution (TDR) .
D)  trial by ordeal (TBO) .

Question 16

Fact Pattern 
Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-A1.The least expensive method to resolve the dispute between Organico and Pleasant Valley may be

Accepted Answer

A)  arbitration because the case will be heard by a mini-jury.
B)  litigation because each party will pay its own legal fees.
C)  mediation because the dispute will be resolved by a non-expert.
D)  negotiation because no third parties are needed.

Question 17

Alternative dispute resolution methods are generally less expensive and time consuming than actual litigation.

Accepted Answer

A) True 
 B)False

Question 18

The award in court-annexed arbitration is always binding on the parties.

Accepted Answer

A) True 
 B)False

Question 19

Negotiation involves the parties to a dispute,with or without their attorneys.

Accepted Answer

A) True 
 B)False

Question 20

An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.

Accepted Answer

A) True 
 B)False

Exam 3: Alternative and Online Dispute Resolution

Pixie files a suit against Quiver.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the parties.This is

Olivia files a suit against Parker.If this suit is like most cases,it will be

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN) .ICANN's purpose is to

All courts require arbitration before a case goes to trial.

On appeal of an arbitrator's award,a court will look at the merits of the underlying dispute.

Pretrial mediation is never mandatory.

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an online forum.Like most online forums,2BRNot2B.com applies

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the advantages of

Ethanol Products,Inc. ,and Fuel Oil Corporation submit a dispute to arbitration.Garth,the arbitrator,is not a judge or a lawyer.How,then,can Garth's decision have the force of law and be binding on the parties involved

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitration proceedings.The award will be binding on

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR) .ODR is essentially a form of

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.The least expensive method to resolve the dispute between Organico and Pleasant Valley may be

Alternative dispute resolution methods are generally less expensive and time consuming than actual litigation.

The award in court-annexed arbitration is always binding on the parties.

Negotiation involves the parties to a dispute,with or without their attorneys.

An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.