Question 1

Fact Pattern 
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1B.Oona,a third party,resolves the dispute between Morsels and Nature.In most states,Oona must issue an award or decision in writing

Accepted Answer

A) if the resolution involved arbitration. 
B) if the resolution involved mediation. 
C) if the resolution involved negotiation. 
D) under no circumstances

Question 2

Few corporate lawsuits are settled or dismissed before they go to trial.

Accepted Answer

A) True 
 B)False

Question 3

EZ Assembly,Inc. ,and Factory Outlet Stores have their dispute resolved in arbitration.The arbitrator makes a mistake in a conclusion of law.This is a ground for a court to

Accepted Answer

A) do nothing. 
B) review the merits of the dispute. 
C) review the sufficiency of the evidence. 
D) set aside the award.

Question 4

A compulsory arbitration in a consumer contract may be unconscionable.

Accepted Answer

A) True 
 B)False

Question 5

The online negotiation of a dispute is generally simpler and more practical than litigation.

Accepted Answer

A) True 
 B)False

Question 6

In arbitration,the third party's decision may,or may not,be legally binding.

Accepted Answer

A) True 
 B)False

Question 7

An arbitrator's award may be set aside if the arbitrator accepted a bribe.

Accepted Answer

A) True 
 B)False

Question 8

Fact Pattern 
Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1B.A faster settlement of the dispute between Morsels and Nature may be reached through

Accepted Answer

A) arbitration because the case will be heard by a mini-jury. 
B) litigation because few disputes actually go to trial. 
C) mediation because the parties can minimize the procedural rules. 
D) negotiation because the dispute will be resolved by an expert.

Question 9

Velvety Pancake House,Inc. ,a U.S.firm,and Wallaby Waffles,Ltd. ,an Australian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Velvety and Wallaby over a dispute involving this contract may occur in

Accepted Answer

A) Australia only. 
B) Australia or the United States,but not both. 
C) Australia,the United States,or both. 
D) the United States only.

Question 10

To resolve a dispute,Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

Accepted Answer

A) not at all. 
B) until the ODR service has issued a decision. 
C) with respect to any dispute arising between them. 
D) with respect to this dispute only.

Question 11

Lamont files a suit against Melvin.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 renders a legally binding decision.This is

Accepted Answer

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

Question 12

Nolan contracts with Onsite Games,Inc. ,to deliver a quantity of video and computer games to Nolan's Play+Trade Game Store.At the time for delivery-just before the beginning of the annual gift-giving season-they disagree over the number,the price,and the quality of the games.Nolan files a suit against Onsite in a state court.The state requires that the dispute be submitted to court-annexed arbitration.What is the difference between voluntary arbitration and court-annexed arbitration ?If the dispute is not resolved,or if either party disagrees with the decision of the arbitrator,will a court hear the case? Explain.

Accepted Answer

The answer of Nolan contracts with Onsite Games,Inc. ,to deliver...

Question 13

In mediation,the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

Accepted Answer

A) True 
 B)False

Question 14

O'Reilly files a suit against Petrarch.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

Accepted Answer

A) a mini-trial. 
B) a summary jury trial. 
C) court-ordered arbitration. 
D) early neutral case evaluation.

Question 15

A summary jury trial is not a "mock" trial,but a short,actual trial.

Accepted Answer

A) True 
 B)False

Question 16

Mediation is not without disadvantages.

Accepted Answer

A) True 
 B)False

Question 17

A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.

Accepted Answer

A) True 
 B)False

Question 18

A submission occurs when one of the parties to arbitration agrees to give up his or her claims.

Accepted Answer

A) True 
 B)False

Question 19

Jane and Kristy sign a contract that provides that if a dispute arises,they will submit to arbitration.A dispute arises,but before it goes to arbitration,Jane files a suit against Kristy.The court will likely

Accepted Answer

A) hear the suit and then order the parties to arbitrate. 
B) hear the suit without ordering the parties to arbitrate. 
C) order relief without hearing the suit or compelling the parties to arbitrate. 
D) order the parties to arbitrate.

Question 20

An arbitrator's fact-findings and legal conclusions are normally final.

Accepted Answer

A) True 
 B)False

Exam 3: Alternative and Online Dispute Resolution

Fact Pattern Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1B.Oona,a third party,resolves the dispute between Morsels and Nature.In most states,Oona must issue an award or decision in writing

Few corporate lawsuits are settled or dismissed before they go to trial.

EZ Assembly,Inc. ,and Factory Outlet Stores have their dispute resolved in arbitration.The arbitrator makes a mistake in a conclusion of law.This is a ground for a court to

A compulsory arbitration in a consumer contract may be unconscionable.

The online negotiation of a dispute is generally simpler and more practical than litigation.

In arbitration,the third party's decision may,or may not,be legally binding.

An arbitrator's award may be set aside if the arbitrator accepted a bribe.

Fact Pattern Morsels Restaurant,Inc. ,and Nature Foods Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1B.A faster settlement of the dispute between Morsels and Nature may be reached through

Velvety Pancake House,Inc. ,a U.S.firm,and Wallaby Waffles,Ltd. ,an Australian firm,enter into a contract that does not have a forum-selection or choice-of-law clause.Litigation between Velvety and Wallaby over a dispute involving this contract may occur in

To resolve a dispute,Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,an online dispute resolution (ODR) service.This limits these parties' recourse to the courts

Lamont files a suit against Melvin.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 renders a legally binding decision.This is

In mediation,the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

O'Reilly files a suit against Petrarch.They meet,and each party's attorney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to encourage them to settle their dispute.This is

A summary jury trial is not a "mock" trial,but a short,actual trial.

Mediation is not without disadvantages.

A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.

A submission occurs when one of the parties to arbitration agrees to give up his or her claims.

Jane and Kristy sign a contract that provides that if a dispute arises,they will submit to arbitration.A dispute arises,but before it goes to arbitration,Jane files a suit against Kristy.The court will likely

An arbitrator's fact-findings and legal conclusions are normally final.