Alternatives to litigation in civil cases

Multiple Choice

In 2011, Melissa Cooper was awarded $50,000 after she sued Christopher Kelley, her former fiancé and father of one of her children, for fraud and breach of promise. Kelley gave Cooper a ring in 2004. After a 10-year relationship he broke off their engagement for another woman. Kelley argued that the $10,000 engagement ring he’d given Cooper was not a promise of marriage; however, his argument did not hold up in court.

Who was the plaintiff in the case between Melissa Cooper and Christopher Kelley?

• Melissa Cooper

• Christopher Kelley

• The court

• Another woman

Multiple Choice

In 2011, Melissa Cooper was awarded $50,000 after she sued Christopher Kelley, her former fiancé and father of one of her children, for fraud and breach of promise. Kelley gave Cooper a ring in 2004. After a 10-year relationship he broke off their engagement for another woman. Kelley argued that the $10,000 engagement ring he’d given Cooper was not a promise of marriage; however, his argument did not hold up in court.

Who was the defendant in the case between Melissa Cooper and Christopher Kelley?

• Melissa Cooper

• Christopher Kelley

• The court

• Another woman

Multiple Choice

In 2011, Melissa Cooper was awarded $50,000 after she sued Christopher Kelley, her former fiancé and father of one of her children, for fraud and breach of promise. Kelley gave Cooper a ring in 2004. After a 10-year relationship he broke off their engagement for another woman. Kelley argued that the $10,000 engagement ring he’d given Cooper was not a promise of marriage; however, his argument did not hold up in court.

What were the damages awarded to Melissa Cooper?

• a child

• the engagement ring

• $50,000

• a 10 year sentence

Multiple Choice

Was the case between Melissa Cooper and Christopher Kelley a tort or a breach of contract?

• Tort

• Breach of contract

• Negligence

• Criminal case

Multiple Choice

Which of the following best describes the role of a judge in a trial?

• Person who oversees a trial and may or may not make a verdict

• Person who decides the verdict and damages

• Person who represents the plaintiff

• Person who represents the defendant

Fill in the Blanks

The burden of proof in a civil case is usually based on the

of evidence.

Multiple Choice

When Jennifer Connell attended the boy’s birthday party her nephew was so excited to see ‘Auntie Jen’ he leapt into her arms, causing her to fall and break her wrist.

Connell claims the overly-excited boy was “negligent and careless” and “should’ve known that a forceful greeting such as the one delivered could cause the harms and losses suffered.” So, she filed suit for $127,000 (the cost of her medical and legal bills).

Connell says the injury has affected many aspects of her life, in the lawsuit she attested that she “was at a party recently, and it was difficult to hold [her] hors d’oeuvre plate.”

Who is the plaintiff in the case ?

• Jennifer Connel

• Nephew

• Nephew's parents

• hors d'oeuvre

Multiple Choice

When Jennifer Connell attended the boy’s birthday party her nephew was so excited to see ‘Auntie Jen’ he leapt into her arms, causing her to fall and break her wrist.

Connell claims the overly-excited boy was “negligent and careless” and “should’ve known that a forceful greeting such as the one delivered could cause the harms and losses suffered.” So, she filed suit for $127,000 (the cost of her medical and legal bills).

Connell says the injury has affected many aspects of her life, in the lawsuit she attested that she “was at a party recently, and it was difficult to hold [her] hors d’oeuvre plate.”

Who is the defendant in the case ?

• Jennifer Connel

• Nephew

• Nephew's parents

• hors d'oeuvre

Multiple Select

Why is Connell suing her nephew's family?

• tort

• negligence

• breach of contract

• assault

Open Ended

If you were the judge and jury in this case, what would be your verdict (legal decision)?

Not everyone wants to go to court.

Multiple Choice

In an out of court settlement, who typically reaches an agreement?

• Attorneys

• Judge

• Petit jury

• Defendant only

Multiple Choice

Which of the following is a major reason someone might want to avoid going to court?

• High attorney fees and other costs

• Quick resolution of disputes

• Guaranteed win in all cases

• Lack of legal representation

Fill in the Blanks

A person who helps both sides come to an agreement in a dispute is called a

.

Open Ended

What are several reasons why someone would choose arbitration over litigation?

Which reason do you feel is the most important? Why do you say that?

Open Ended

Why is the information in the video biased and why should you be careful about following its advice?

Open Ended

Watch the video. Is this an example of litigation (court case), mediation, arbitration, or out of court settlement? What information from the video makes you think that?

Multiple Select

Which of the following statements about mediation and arbitration is/are correct?

• Mediation involves a person helping both sides come to an agreement.

• Arbitration involves a person deciding how to resolve the issue.

• Both mediation and arbitration require a judge.

• Mediation and arbitration are alternatives to going to court.

Multiple Select

Which of the following are alternative dispute resolution methods?

• Out of court settlement

• Mediation

• Arbitration

• Petit jury