Exam 3: Trials and Resolving Disputes

Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. -Refer to Fact Pattern 3-2. If Ellen and James did mediate this dispute, their mediator:

The most widely recognized ADR process is arbitration.

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called:

____ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future.

The purpose of the pleadings is to:

Most of the time, in appellate courts, ____ judges hear an appeal.

Almost nothing said in a negotiation may be:

The importance of selecting a jury was the driving force behind the creation of a trial lawyer's association.

In her answer, the defendant must admit or deny the allegations made by the plaintiff in the complaint.

An injunction is a court order directing a person to do what they promised to do.

After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a(n):

In the pleading known as the ____, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff.

Surveys indicate that lawyers:

One area in which mediation is often used is in labor disputes.

The complaint filed by plaintiff contains:

The first of the pleadings is known as "a claim."

Negotiation is always:

The steps in negotiations may be the same as the process in negotiating a contract.

If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has what is called a negative defense.

Collecting information, outlining key issues and encouraging compromise are all parts of: