ACCT 2700 - 002 (Chapter 4, Part 2)
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ACCT 2700 - 002 (Chapter 4, Part 2)

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Questions and Answers

Negotiation requires the use of a neutral third party to facilitate

False

A trial court's ability to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decisions of an appellate court tot :

  • defer to the trial court's findings on questions of fact. (correct)
  • apply the trial court's interpretation of the laws in the case.
  • conduct a new trial and re-examine the witness.
  • focus on what really happened in regard to the dispute.

    • A decision on a question of state law is final when:

  • a U.S. Court of Appeals rules on it.
  • an issues of federal law is involved.
  • the state's highest court makes a decision. (correct)
  • the US Supreme Court rules on it.

    • The federal courts are superior to the state courts and only hear cases on appeal from the state courts.

    <p>False</p> Signup and view all the answers

    Carl and David resolve their dispute over Carl's real property by having a neutral third party render a binding decision. This is:

    <p>arbitration</p> Signup and view all the answers

    Study Notes

    Negotiation and Mediation

    • Negotiation may involve a neutral third party who facilitates a resolution between disputing parties.
    • This process aims to assist the parties in reaching an agreement without taking sides.

    Trial Court and Appellate Review

    • Trial courts possess the ability to directly observe witnesses, including their gestures and demeanor.
    • Nonverbal behaviors observed can significantly influence the appellate court's decisions.
    • Appellate courts rely on trial court observations when assessing witness credibility and evidence.

    Finality of State Law Decisions

    • A decision regarding state law becomes final when there are no further avenues for appeal within that jurisdiction.
    • This finality emphasizes the importance of state judicial systems in resolving local legal matters.

    Federal vs. State Courts

    • Federal courts are not inherently superior; they primarily hear cases on appeal from state courts.
    • Federal jurisdiction often involves matters of federal law or disputes between states.

    Binding Resolution in Property Disputes

    • Carl and David's dispute over real property was resolved via a neutral third party making a binding decision.
    • This method, known as arbitration, is a common alternative to courtroom litigation in resolving conflicts.

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    Description

    Explore the essential principles of negotiation, focusing on the role of a neutral third party. This quiz will help you understand various strategies and their applications in effective negotiation. Test your knowledge on key negotiation concepts and techniques.

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