Dispute Resolution Practice test In Tutorial Library

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TITLE: Dispute Resolution Practice test



Practice Test

1.   You plan to open a store in Chicago, specializing in beautiful rugs imported from Turkey. You will work with a native Turk who will purchase and ship the rugs to your store. You are wise enough to insist on a contract establishing the rights and obligations of both parties and would prefer an ADR clause. But you want to be sensitive to different cultures and do not want a clause that will magnify a problem or alienate the parties. Is there some way you can accomplish all of this?

2.   State which court(s) have jurisdiction as to each of these lawsuits:

      (a)  Pat wants to sue his next-door neighbor Dorothy, claiming that Dorothy promised to sell him the house next door.

      (b)  Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of a stairway. She claims damages of $30,000.

      (c)  Phil lives in Tennessee. He wants to sue Dick, who lives in Ohio. Phil claims that Dick agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million.

      (d)  Pete, incarcerated in a federal prison in Kansas, wants to sue the United States government. He claims that his treatment by prison authorities violates three federal statutes.

3.   Students are now suing schools for sexual harassment. The cases raise important issues about the limits of discovery. In a case in Petaluma, California, a girl claimed that she was harassed for years and that the school knew about it and failed to act. According to press reports, she alleges that a boy stood up in class and asked, “I have a question. I want to know if [Jane Doe] has sex with hot dogs.” In discovery, the school district sought the parents’ therapy records, the girl’s diary, and a psychological evaluation of the girl. Should they get those things?

4.   ETHICS  Trial practice also is dramatically different in Britain. The parties’ solicitors do not go into court. Courtroom work is done by different lawyers, called barristers. The barristers are not permitted to interview any witnesses before trial. They know the substance of what each witness intends to say, but do not rehearse questions and answers, as in the United States. Which approach do you consider more effective? More ethical? What is the purpose of a trial? Of pre-trial preparation?

5.   Lloyd Dace worked for ACF Industries as a supervisor in the punchpress department of a carburetor factory. ACF demoted Dace to an hourly job on the assembly line, and Dace sued, claiming that ACF discriminated on the basis of age. At trial, Dace showed that he had been 53 years old when demoted and had been replaced by a man aged 40. He offered evidence that ACF’s benefits supervisor had attended the meeting at which his demotion was decided and that the benefits supervisor was aware of the cost savings of replacing Dace with a younger man.

6. Imogene Williams sued the U.S. Elevator Corp. She claimed that when she entered one of the company’s elevators, it went up three floors but failed to open, fell several floors, stopped, and then continued to erratically rise and fall for about 40 minutes. She claimed physical injuries and emotional distress. At trial, U.S. Elevator disputed every allegation. When the judge instructed the jury, he asked them to decide whether the company had been negligent. If it had, the jury was to decide what physical injuries Williams had suffered. The judge also instructed them that she could receive money for emotional damages only if the emotional damages resulted from her physical injury. The jury found for U.S. Elevator, deciding that it had not been negligent.

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