Test Bank For The Legal Environment of Business Text and Cases Ethical Regulatory Global, and Corporate Issues 8th Edition by Frank B. Cross
Chapter 3 Alternative and Online
Dispute Resolution
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N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. |
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TRUE/FALSE QUESTIONS
A1. Pretrial mediation is never mandatory.
answer:FPAGE:57TYPE:N
NAT: AACSB ReflectiveAICPA Legal
A2. All courts require arbitration before a case goes to trial.
ANSWER:FPAGE:57TYPE:N
NAT: AACSB ReflectiveAICPA Legal
A3. Alternative dispute resolution methods are generally less expensive and time consuming than actual litigation.
answer:tPAGE:58TYPE:=
NAT: AACSB ReflectiveAICPA Critical Thinking
A4. Assisted negotiation describes proceedings for minors and other parties who lack contractual “capacity.”
answer:FPAGE:58TYPE:=
NAT: AACSB AnalyticAICPA Legal
A5. Alternative dispute resolution refers to any method for resolving a dispute outside the court system.
answer:TPAGE:58TYPE:N
NAT: AACSB ReflectiveAICPA Critical Thinking
A6. Negotiation involves the parties to a dispute, with or without their attorneys.
answer:TPAGE:58TYPE:N
NAT: AACSB ReflectiveAICPA Critical Thinking
A7. In early neutral case evaluation, a third party’s evaluation of each party’s strengths and weaknesses forms the basis for negotiating a settlement.
ANSWER:tPAGE:58TYPE:=
NAT: AACSB ReflectiveAICPA Critical Thinking
A8. An arbitrator can render only a legally binding decision.
answer:fPAGE:59TYPE:
NAT: AACSB AnalyticAICPA Legal
A9. The goal of mediation is to work out a resolution that benefits both sides.
answer:TPAGE:59TYPE:=
NAT: AACSB AnalyticAICPA Legal
A10. In mediation, a court assigns the mediator.
ANSWER:FPAGE:59TYPE:
NAT: AACSB AnalyticAICPA Legal
A11. The federal government enforces agreements to arbitrate disputes between private parties.
answer:TPAGE:59TYPE:=
NAT: AACSB AnalyticAICPA Legal
A12. Virtually any dispute can be the subject of arbitration.
answer:TPAGE:59TYPE:N
NAT: AACSB AnalyticAICPA Legal
A13. On appeal of an arbitrator’s award, a court will look at the merits of the underlying dispute.
answer:fPAGE:68TYPE:N
NAT: AACSB AnalyticAICPA Legal
A14. A court’s scope of review on the appeal of an arbitrator’s award may be restricted.
ANSWER:TPAGE:68TYPE:
NAT: AACSB AnalyticAICPA Legal
A15. An arbitrator’s error in judgment is sufficient to provide a basis for overturning an award.
answer:fPAGE:68TYPE:N
NAT: AACSB AnalyticAICPA Legal
A16. An arbitrator’s award may be set aside if it was the result of corruption or fraud.
answer:tPAGE:68TYPE:N
NAT: AACSB AnalyticAICPA Legal
A17. Parties can choose a particular state law to govern their arbitration agreement.
ANSWER:TPAGE:69TYPE:N
NAT: AACSB ReflectiveAICPA Critical Thinking
A18. The award in court-annexed arbitration is always binding on the parties.
answer:fPAGE:70TYPE:N
NAT: AACSB ReflectiveAICPA Critical Thinking
A19. Most online dispute resolution services apply general, universal legal principles to resolve disputes.
ANSWER:TPAGE:72TYPE:=
NAT: AACSB TechnologyAICPA Leveraging Technology
A20. A forum-selection clause in a contract designates which nation’s law will be applied to any dispute.
ANSWER:FPAGE:72TYPE:N
NAT: AACSB AnalyticAICPA Legal
multiple choice questions
A1. Olivia files a suit against Parker. If this suit is like most cases, it will be
a. dismissed during a trial.
b. dismissed or settled before a trial.
c. resolved only after a trial.
d. settled at a trial.
ANSWER:BPAGE:58TYPE:=
NAT: AACSB ReflectiveAICPA Legal
A2. Shelly and Tom disagree over the amount of money due under their contract. To avoid involving any third party in a resolution of the dispute, Shelly and Tom might prefer to use the alternative dispute resolution method of
a.arbitration.
b.litigation.
c.mediation.
d.negotiation.
answer:DPAGE:58TYPE:=
NAT: AACSB ReflectiveAICPA Critical Thinking
A3. 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
a.a mini-trial.
b.a summary jury trial.
c.early neutral case evaluation.
d.not a legitimate form of dispute resolution.
answer:APAGE:58TYPE:
NAT: AACSB ReflectiveAICPA Legal
Fact Pattern 3-A1 (Questions A4-A6 apply)
Organico Café, Inc., and Pleasant Valley Farm Corporation dispute a term in their contract.
A4. Refer to Fact Pattern 3-A1. The least expensive method to resolve the dispute between Organico and Pleasant Valley may be
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.
answer:DPAGE:58 TYPE:=
NAT: AACSB ReflectiveAICPA Risk Analysis
A5. 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
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.
answer:CPAGE:59 TYPE:=
NAT: AACSB ReflectiveAICPA Risk Analysis
A6. 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
a.arbitration.
b.facilitation.
c.negotiation.
d.mediation.
answer:APAGE:59TYPE:
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