Business Law - Lesson 3-1 - Dispute Resolution

What is the role of a mediator in dispute resolution?

• To make a legally binding decision

• To develop a solution acceptable to both parties

• To enforce court orders

• To represent one party in court

Which of the following is true about an arbitrator's decision?

• It is advisory and not legally binding

• It can be enforced by court order if necessary

• It is always subject to appeal

• It is only applicable in criminal cases

Explain the difference between trial courts and appellate courts.

• Trial courts review decisions of lower courts, while appellate courts hear cases for the first time.

• Trial courts have original jurisdiction, while appellate courts review errors of law.

• Trial courts consist only of judges, while appellate courts include juries.

• Trial courts are concerned with errors of law, while appellate courts determine facts.

Why might parties choose arbitration over litigation?

• Arbitration is always faster than litigation

• Arbitration decisions are advisory and non-binding

• Arbitration can be less formal and more flexible

• Arbitration allows for public trials

Analyze the potential benefits of using mediation instead of going to court.

• Mediation is always cheaper than court proceedings

• Mediation allows parties to maintain control over the resolution

• Mediation guarantees a faster resolution

• Mediation decisions are enforceable by law

What is the primary function of clerks in a trial court?

• To enforce court orders

• To enter cases on the court calendar and keep records

• To provide legal advice to the judge

• To serve as jury members

Describe the process an appellate court follows when reviewing a case.

• It hears new evidence and witnesses

• It examines the transcript and reads appellate briefs

• It conducts a new trial with a jury

• It enforces the original trial court's decision

Evaluate the role of a jury in a trial court.

• Juries decide issues of law in court cases

• Juries are responsible for keeping order in the courtroom

• Juries are sworn to decide issues of fact in court cases

• Juries provide legal advice to the judge

What is the significance of original jurisdiction in trial courts?

• It allows trial courts to review decisions of appellate courts

• It gives trial courts the authority to hear a case for the first time

• It limits trial courts to only civil cases

• It requires trial courts to follow appellate court decisions

How do appellate courts ensure fairness in their review process?

• By conducting new trials with witnesses

• By questioning attorneys during oral arguments

• By enforcing the original trial court's decision

• By allowing juries to decide the outcome