Instructions
In this writing assignment, please remember, to post the question prompt, followed by your response, each followed by a proper in-text APA or MLA citation. If you are uncertain about in-text citations in the body of your work or full citations for your end table, consult the Citations help video or use the Citation Machine.
When selecting true or false, you must explain why you believe the statement or question is true or false, followed by an in-text citation source. Remember to post the statement followed by your substantive response. A substantive response is considered as at least 150+ words, 2+ sentences, or one full paragraph:
1. In most legal disputes, some negotiation takes place before a lawsuit is filed.
2. In mediation, a neutral third party considers the evidence presented by the parties and then issues a decision.
3. Mediation or arbitration may be required by the terms of a contract, such as a purchase agreement.
4. Involuntary arbitration is arbitration that’s required by statute or by court order.
5. Parties may be compelled to use voluntary arbitration if there is a contractual provision to that effect.
6. The results of mandatory arbitration may never be contested in court.
Concept Identification
In the following exercise, research your text to discover the term or phrase that best describes the following definitions. Remember to post the statement, followed by your selected term, each with a proper in-text citation.
7. In a jury trial, this type of issue must be decided by the judge, not the jury.
8. In this proceeding, the focus is ordinarily on questions of law, not questions of fact.
9. A trial court’s decision would not be overturned even if the appellate court found that the trial court had committed this type of error.
10. This is a pretrial meeting where attorneys question parties and potential witnesses in person and under oath.
11. This is a written question submitted by attorneys to parties in a lawsuit.
12. A court may rule on this type of pretrial motion to dispose of a particular issue or even an entire claim.
Short Essay
13. You and several of your friends travel to Las Vegas, Nevada to your favorite upscale hotel for a concert. While in Las Vegas, a local resident has had a bit too much intoxicating drink and collides into your car broadside. You have a new BMW 750 iL and the local resident who ran into your vehicle was driving a classic 911, SC Porsche. Although there were no physical injuries, the combined vehicle property damages total about $110,000. You plan to file suit for damages, but a Nevada local court may not render a favorable judgment to you because you are a California resident. You took this course and learned there is a way for you to file in a federal district court that may render a better judgment for you.
Explain the process and requirements for you to file suit against the Nevada local resident in a Federal District Court. You must write at least two paragraphs, 3-4 sentences or 150+ words, with proper in-text citations.
14. Explain to a consumer who signed an RPA (Residential Purchase Agreement), the distinction between Mediation and Arbitration. Define and explain the advantages and disadvantages.
Your Opinion
15. If you were a defendant in a legal claim against you for breach of contract, which would you prefer between, legal litigation, arbitration, or mediation? Explain your response in detail. No citations are required for #15.
16. If you were a plaintiff in a legal claim against a defendant, would your response be different from # 15 above? Explain.
