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Exam 2: Courts and Alternative Dispute Resolution

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Question 1

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Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

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Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -The federal court system does not include the U.S. Court of International Trade.

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Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

Dick submits his claim against EZ Sales Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by

Sally and Tom disagree over the amount of money due under their con?tract. To avoid involving any third party in a resolution of the dispute, Sally and Tom might prefer to use the alternative dispute resolution method of

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -In some courts, pretrial negotiation is mandatory.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -State courts are independent of federal courts.

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

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -An arbitrator can never render a legally binding decision.

Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Mandatory arbitration clauses in employment contracts are not enforceable.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Negotiation is the most complex form of alternative dispute resolution.

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of set?tling their dispute may be mediation because

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

Fact Pattern 2-A1 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-A1. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the ad?vantages of

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -A choice-of-law clause designates the jurisdiction for the litigation of disputes arising under a contract.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Cyberspace is its own jurisdiction.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -The function of the courts is to interpret and apply the law.

Worldwide Trucking Corporation files a suit in a state court against XL Service Company, and wins. XL appeals the court's decision, as?serting that the evidence presented at trial to support Worldwide's claim was such that no reasonable jury could have found for the plaintiff. There?fore, argues XL, the appellate court should reverse the trial court's de?ci?sion. May an appellate court ever reverse a trial court's findings with re?spect to questions of fact?