Exam 4: Judicial, Alternative, Administrative, and E-Dispute Resolution

Susan is part owner of one of the best restaurants in a medium-sized city.This restaurant is operated as a partnership.In October 2010,the local newspaper published a story about Bill,who is Susan's business partner in the restaurant.In this article it is stated that Bill's net worth is several million dollars.About ten days later,Susan receives a summons notifying her that the restaurant is named as the defendant in a negligence case.The plaintiff in the case alleged that she slipped and fell to the floor inside the restaurant near the rear door late one night in December,2008.According to the plaintiff,she slipped on water from snow that had been tracked in and had melted.The plaintiff also alleged that there were no employees or other customers in sight of the back door when the plaintiff slipped and fell,and that she was leaving the restaurant when the accident occurred.The plaintiff did not notify anyone at the restaurant when the accident occurred or at anytime thereafter prior to the filing of the lawsuit.Although most diners at the restaurant make reservations in advance,and pay with a credit card,the restaurant has no records of reservations or payment by the plaintiff.The plaintiff claims to have paid with cash.Susan and Bill have heard about alternative dispute resolution and would like to know more about how it works and about its advantages and disadvantages.If you were the attorney for Susan and Bill,what would you explain to them about mediation and arbitration,including their advantages and disadvantages? What would you recommend to them?

Which of the following is true regarding a statute of limitations?

Which of the following is an example of an executive power granted to an administrative agency?

A motion for ________ alleges that if all the facts presented in the pleadings are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

The most common form of ADR is ________.

In general,a party must wait until the trial to find out the facts of the other party's case.

Since a court reporter is necessary to transcribe deposition testimony,most depositions are taken in court.

In general,an appellate court might typically reverse which of the following?

The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal.This is called the ________.

On January 10^th, JON, Inc. enters into a contract in which Jon, Inc. is to deliver 1000 special order widgets to the JPK Construction Company for use in a unique project. Delivery is scheduled for November 23^rd. On February 14^th, JON, Inc. hears through the grapevine that JPK has entered into a contract with another company to buy the widgets at a lower price. JON, Inc. calls JPK on March 15^th and is reassured that the contract will be honored. On August 8^th, JPK takes delivery of the widgets from the other company and begins using them in the unique project they are working on. On November 23^rd, JON, Inc's truck arrives at JPK's loading dock with the 1000 widgets and JPK refuses to take delivery. If JON, Inc. sues JPK, when would the statute of limitations begin?

For a trial to be conducted with a jury,both parties must request a jury trial.

The discovery process is an integral part of the pre-trial process that serves a variety of functions.Discuss these functions and their importance.

An arbitrator's decision is generally known as a judgment.

A party who is making a motion for summary judgment is asserting that:

If the defendant does not answer the complaint,a consent judgment is entered against him or her.

The person giving a deposition is called the proponent.

Parties often agree in advance to be bound by an arbitrator's decision and remedy.This is called formal arbitration.

During cross-examination,the defendant's attorney can ask questions only about the subjects that were brought up during direct examination.

Which of the following will you not find regarding an appeal?

Judges have always accepted and recognized the value and legality of arbitration agreements.