Law 532 Ch 4 & 10

The three most common formal methods of ADR are:

Mediation, arbitration and expert evaluation

Chan wants to file a lawsuit. What will be the first stage of litigation for him?

Pleadings

The very essence of an agency relationship involves the _______duty of the agent, which requires good faith and acting in the best interests of the principal at all times.

fiduciary

As a general rule, judges are _________________ and juries are ____________________.

finders of law, finders of fact

The principal has a duty to ___________ and ___________when an agent acts on behalf of its principal, or the agent incurs expenses, makes payments, suffers an injury, or causes damages to a third parties if the agent is outside the scope of their employment.

reimburse; indemnify

On Monday, Wagner sends his agent, Franz, a check for $20,000 with instructions to purchase a delivery truck for Wagner's business. On Tuesday, in order to cover a pending personal bill, Franz deposits the $20,000 in his own account with the intent to replace the funds with a loan from his credit union. On Friday, Franz replaces the money and purchases the truck. Franz violated what fiduciary duty?

Accounting

Wagner wires his agent, Franz, a $50,000 deposit with instructions to buy a rare stamp collection. Franz has a large personal credit card bill due, so he deposits $10,000 of Wagner's money into his personal account to temporarily cover the bill. Which fiduciary duty has Franz breached?

Accounting

Christina hires Erick to provide a full analysis of the company's accounting records. Erick agrees to have the analysis complete within six months and he submits a monthly invoice for work performed. Which best describes Erick's agency classification?

An independent contractor, because he sets his own schedule and submits a monthly invoice.

Which of the following is a private arbitration?

Billy signed an employment contract with Big Corp. It has an arbitration clause in it.

Garp signed a contract with Tech Corp that had a binding arbitration clause. A dispute arose between Garp and Tech Corp and the matter was heard by an arbitrator. The arbitrator awarded Tech Corp $50,000. Under which of the following circumstances may a court judge set aside the award of the arbitrator in the hearing?

Both an arbitrator's refusal to hear relevant evidence that prejudices a party's rights and bias against one's gender are grounds for setting aside an arbitrator's award.

Delroy joined with hundreds of other people in a legal action where together they sued Implantco for producing a hernia mesh device that was implanted in them during surgery and later caused complications such as swelling and infections. What is the name for this legal action?

Class action

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

False

Arbitration can at times be legally mandated, but mediation is entered into only on a voluntary basis.

False

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

False

In National Football League Management Council v. Brady, the appellate court overturned the arbitrator's ruling because football player Tom Brady had not been provided adequate notice that suspension was within the League's range of punishments.

False

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

False

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings.

False

The term litigation refers to the trial but does not include pretrial events as well.

False

Jada was shocked to receive documents indicating she was being sued by Martin. The litigation process has not advanced beyond this stage. She consulted with an attorney and believes that her employer, Tortco, is the proper party for Martin to sue. Which of the following is an available remedy that Jada may presue under these circumstances?

File a cross-claim

Selina has been served with a summons and complaint. Which of the following options does she have?

File a motion to dismiss

George is called away by his employer to work in Europe for the summer, so he hires Bartram to take care of his prized garden until he returns. George agrees to send Bartram $1,000 per month, and Bartram agrees to use his own equipment. In this agency relationship, who is the principal?

George

Which of the following are remedies available to the principal when an agent has breached the duty of loyalty? Rescission Disgorgement Disclosure Disposal

I and II

Which of the following are included in the IRS's three-prong test to help determine the status of an agent? Behavioral aspects of the agency. Any written agreement between the parties. Type of working relationship between principal and agent. If the agency was created or implied.

I and III

Which of the following are duties owed by an agent to the principal? Insurance Obedience Disclosure Disgorgemen

II and III.

Which of the following are included in the IRS's three-prong test to help determine the status of an agent? Any written agreement between the parties. Behavioral aspects of the agency. Financial arrangements between principal and agent. Amount of employment taxes owed. Multiple Choice

II and III.

Which of the following are not broad agent classifications? Gratuitous agents Free agents Sports agents Real-estate agents

II, III, and IV.

Amber owns an apartment building and hires Caleb to perform all landscaping and snow removal when necessary. Caleb uses his own equipment and has several other customers. What category does Caleb fall into?

Independent contractor agent

Rodriguez, an attorney, is planning to file a class action lawsuit on behalf of 500 people against two corporations: Cheatco, a company that sold an allegedly defective bicycle to the 500 customers, and Failco, a company that allegedly provided defective metal to make the frames of the bicycles. All 500 people suffered similar head injuries as a result of the alleged defects. Rodriguez is alleging the injuries were caused by both Cheatco and Failco. Which of the following is true of this planned class action?

It is a valid mass tort action.

Which of the following best represents arbitration?

Laila is hearing and will be deciding a matter in which an attorney will represent their corporate clients. The parties will be able to present limited evidence before Laila.

Will is visiting Canada for several months, so he hires Patricia to take care of his home and pets until he returns. Will agrees to send Patricia $300 per month, and Patricia agrees to use her own cleaning supplies. In this agency relationship, what is Will's role?

Principal

_____________ occurs when the principal affirms a previously unauthorized act.

Ratification

Legally mandated arbitration is nonbinding arbitration.

True

Asmita, a judge, is hearing a matter in which a full day trial is conducted before a jury. The lawyers present no live expert testimony and primarily conduct the proceeding through oral argument. At the end, Asmita will issue a nonbinding opinion. What is the term or name for this proceeding?

Summary jury trial

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

True

The American Arbitration Association provides mediation services as well as arbitration services.

True

Typically, an agent's power to bind is through ____________, which arises either when the parties expressly agree to create an agency relationship or through implication.

actual authority

Agency is a legal relationship in which the parties agree, in some form, that one party will act as a(n) _________ for another party, called the ________, subject to the control of a principal.

agent, principal

The second step in establishing an agency relationship is that the _________ must _________ to act for the principal.

agent; consent

An agent may also gain power to bind the principal from the appearance of legitimate authority to a third party known as _________________.

apparent authority

Dmitri was a judge in the state of Delaware. He presided over a trial in which the plaintiff and defendant had agreed to have him act as both finder of fact and law. This is known as a/an _______.

bench trial

If the conduct of an employee is a small-scale deviation that is normally expected in the workday, it is not considered a frolic but rather a(n) ___________________.

detour

A common form of agency arises in a(n) ____________.

employer-employee relationship

In a case where Davey sues Rockridge Corporation for selling him defective software that crashed his network, the standard used to decide the case will be _______, in a case where Davey is prosecuted for being a minor in possession of alcohol, the standard used to decide the case will be _______.

preponderance of the evidence, beyond a reasonable doubt

The doctrine of respondeat superior is also limited by a requirement that in order for an employer to be liable for the employee's tort, the act must have occurred within the employee's ____________________.

scope of employment

Butler was shopping at Grocerymart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________.

statute of limitations

Johnson has been injured and is out of work. Chung hires Greenberg to negotiate the sale of a new warehouse on Johnson's behalf. Greenberg successfully negotiates the sale and completes the transaction. Johnson has returned to work. The agency's relationship with Greenberg is terminated through ___________.

expiration

The first step in establishing an agency relationship is that the _________ must _________ an offer to form an agency.

principal; manifest

Julio is suing Sanchez for breach of contract. He wants to get some documents from Sanchez which he believes will help him prepare his case. What is the term for this procedure?

request for production