Business Law, 8e: Chapter 6

Chapter 6
Dispute Resolution:

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1. Increasingly, courts are requiring criminals to use alternative methods of dispute resolution (ADR) before hearing the case.: a. True
b. False

2. Sybrum, Inc. ordered 5,000 brochures from PrintSmart. Subsequently, a dispute arose over the quality of the paper. The contract did not include an arbitration agreement. Since the initial agreement did not include an agreement to arbitrate, the matter cannot be settled by arbitration.: a. True
b. False

3. A minitrial is a process in which the parties' attorneys present an abbreviated case to a neutral person who issues a binding award.: a. True
b. False

4. Pamela sued Emanuel in small claims court for $2,500. Emanuel, was properly served and the court had jurisdiction over the case. Emanuel did not respond to the complaint. The court will most likely enter a default judgment awarding Pamela $2,500.: a. True
b. False

5. Discovery permits a party to obtain only information that would be admissible as evidence at trial.: a. True
b. False

6. Jurors are selected through a process known as voir dire.: a. True
b. False

7. Res judicata means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.: a. True
b. False

8. A lawyer may use his or her peremptory challenges to remove all the African-Americans from the jury.: a. True
b. False

9. A judgment n.o.v. allows a judge to overturn the jury's verdict.: a. True
b. False

10. An attorney may file a Motion for Summary Judgment to have a judge removed from a case.: a. True
b. False

11. Cherie was sued in small claims court. On the trial date, Cherie had an important job interview and did not go to court. In this situation, the court will probably:: a. dismiss the case.
b. enter a default judgment.
c. issue a warrant for Cherie's arrest.
d. enter a nolo contendre judgment

12. Charmane sued Gabrielle. Gabrielle made a motion for summary judgment. In order to prevail in this motion, Gabrielle must show that:: a. Charmane has no evidence supporting her case.
b. the judge made a prejudicial error.
c. Charmane has failed to state a claim upon which relief can be granted.
d. there is no genuine issue concerning any material fact.

13. Saskia is suing Yanis for divorce. During voir dire, Yanis's attorney, Jurgen, used all of his peremptory challenges to remove the women from the jury. When the women were questioned by the judge, each indicated that she thought she could give an unbiased judgment to the case. If Jurgen's use of the peremptory challenges is contested what is the likely result?: a. The challenge will be unsuccessful. Peremptory challenges are entirely discretionary and Jurgen does not have to justify them.
b. The challenge will be unsuccessful if Jurgen simply states that he had no intention to discriminate.
c. The outcome of the challenge will depend upon whether Jurgen can prove that his challenges were not based upon gender.
d. Four women will be put on the jury.

14. The correct, although not necessarily complete, sequence in a trial is:: a. jury selection, opening statements, direct and cross examination, closing arguments, and judgment.
b. jury selection, discovery, opening arguments, direct and cross examination, closing statements, and judgment.
c. opening statements, jury selection, direct and cross examination, closing arguments, and judgment.
d. opening statements, closing arguments, jury selection, and judgment.

15. Gethro, Inc. ordered 5,000 color video printers from SMX Supplies, Inc. A dispute arose over the quality of the prints. The initial contract did not include a provision for arbitration. Which statement is correct?: a. The parties cannot use arbitration to resolve the dispute because the initial contract did not provide for arbitration.
b. The parties cannot use arbitration to resolve the dispute unless a court orders arbitration.
c. The parties can agree to arbitrate the dispute.
d. The parties can agree to arbitrate the dispute as long as the agreement provides for de novo judicial review.