Question 1

Proactive ADR increases the likelihood of litigation.

Accepted Answer

A) True 
 B)False

Question 2

The parties involved in the dispute can use early normal evaluation (ENE)to settle a case or proceed to trial.

Accepted Answer

A) True 
 B)False

Question 3

Post-appellate procedures:

Accepted Answer

A) involve taking a case that has been rejected or dismissed by a domestic court to an international organization. 
B) refer to a pledge to use arbitration,should the parties find themselves in disagreement as to the enforcement rights under the original contract. 
C) are processes by which agencies invite the organizations who will be affected by a new rule to provide input about the writing of that rule. 
D) specify that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue. 
A) involve taking a case that has been rejected or dismissed by a domestic court to an international organization. 
B) refer to a pledge to use arbitration,should the parties find themselves in disagreement as to the enforcement rights under the original contract. 
C) are processes by which agencies invite the organizations who will be affected by a new rule to provide input about the writing of that rule. 
D) specify that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue.

Question 4

Because of its cost-effectiveness,ADR is able to address critical social issues that may never reach the judicial system,thus filling in the policy gaps in the evolution of case law and the progression of legislation.

Accepted Answer

A) True 
 B)False

Question 5

Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married.Each has had appraisers value the assets,but the appraisers have reached differing conclusions.How will a summary jury trial help in this situation?

Accepted Answer

Here the relative credibility of the two

Question 6

In the Opening Case,Considine v.Brookdale Senior Living,Inc. ,Brookdale's arbitration clause in the employment agreement was found to be:

Accepted Answer

A) non-enforceable because it discriminated against Considine's lifestyle. 
B) enforceable because Considine signed an employment contract indicating she had read and understood all of the terms in the contract,including the arbitration clause. 
C) enforceable because it contained a non-discrimination clause which protected Considine's lifestyle. 
D) non-enforceable because it did not contain a non-discrimination clause which protected Considine's lifestyle. 
A) non-enforceable because it discriminated against Considine's lifestyle. 
B) enforceable because Considine signed an employment contract indicating she had read and understood all of the terms in the contract,including the arbitration clause. 
C) enforceable because it contained a non-discrimination clause which protected Considine's lifestyle. 
D) non-enforceable because it did not contain a non-discrimination clause which protected Considine's lifestyle.

Question 7

An arbitration hearing must be planned and executed by the court.

Accepted Answer

A) True 
 B)False

Question 8

Kurt Johannessen,a well-known professional athlete,and Tina,his actress wife,have filed for divorce and are involved in a dispute for the custody of their son.Because of their celebrity status,neither wants the media coverage and public detailing of their private lives that come with official court trials.However,mediation and arbitration efforts have failed as neither party is willing to compromise.Discuss how they can resolve their custody dispute and avoid the publicity issues.

Accepted Answer

A private civil trial provides an effici

Question 9

Med-Arb is a process that combines negotiation and mediation to deliver effective results.

Accepted Answer

A) True 
 B)False

Question 10

Colleagues Sarah and Julia are involved in a dispute and get another colleague,William,to make suggestions about helping them resolve their dispute.This is an attempt at mediation.

Accepted Answer

A) True 
 B)False

Question 11

Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues.They decide to use early neutral evaluation.Discuss how this process might be helpful in this situation.

Accepted Answer

An independent objective evaluation of t

Question 12

The FFEA,a federal agency,was charged with the task of drafting a series of rules to implement the New England Fusion Reactor Initiative.The FFEA anticipates that the new rules will involve drastic changes for all the concerned parties.Rather than simply writing the rules and placing them before the affected parties,what action might the FFEA take to minimize the other parties' dissatisfaction with the rules? Explain.

Accepted Answer

Rather than simply writing the rules and

Question 13

Mediation always precedes the filing of a lawsuit.

Accepted Answer

A) True 
 B)False

Question 14

Early neutral evaluation (ENE)is a(n):

Accepted Answer

A) ADR process that combines mediation with arbitration. 
B) shortened version of a trial,conducted in less than a day before an actual jury which renders an advisory verdict in the case. 
C) ADR technique by which the parties hire a retired judge to hear their dispute. 
D) ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone. 
A) ADR process that combines mediation with arbitration. 
B) shortened version of a trial,conducted in less than a day before an actual jury which renders an advisory verdict in the case. 
C) ADR technique by which the parties hire a retired judge to hear their dispute. 
D) ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone.

Question 15

________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute,following rules used in an official trial.

Accepted Answer

A) Partnering 
B) A private civil trial 
C) Early neutral evaluation 
D) Med-arb 
A) Partnering 
B) A private civil trial 
C) Early neutral evaluation 
D) Med-arb

Question 16

Alternative Dispute Resolution can be expensive because of the initial steps prior to the filing of a lawsuit.

Accepted Answer

A) True 
 B)False

Question 17

A criminal law case can be resolved by an ADR panel.

Accepted Answer

A) True 
 B)False

Question 18

Tom and Jerry operate an ice cream business as equal partners.Tom wants to reinvest the profits,and Jerry wants to distribute and spend the profits.If they litigate,the court will likely order the business assets sold,which will destroy the income potential for both Tom and Jerry.Discuss how this dispute might be resolved by arbitration.

Accepted Answer

Tom and Jerry will select an arbitrator

Question 19

A collective science court (CSC)will not succeed unless it has the power to compel the parties to submit to its authority.

Accepted Answer

A) True 
 B)False

Question 20

Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.

Accepted Answer

A) True 
 B)False

Exam 4: Alternative Dispute Resolution and Cyber-Adr

Proactive ADR increases the likelihood of litigation.

The parties involved in the dispute can use early normal evaluation (ENE)to settle a case or proceed to trial.

Post-appellate procedures:

Because of its cost-effectiveness,ADR is able to address critical social issues that may never reach the judicial system,thus filling in the policy gaps in the evolution of case law and the progression of legislation.

Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married.Each has had appraisers value the assets,but the appraisers have reached differing conclusions.How will a summary jury trial help in this situation?

In the Opening Case,Considine v.Brookdale Senior Living,Inc. ,Brookdale's arbitration clause in the employment agreement was found to be:

An arbitration hearing must be planned and executed by the court.

Med-Arb is a process that combines negotiation and mediation to deliver effective results.

Colleagues Sarah and Julia are involved in a dispute and get another colleague,William,to make suggestions about helping them resolve their dispute.This is an attempt at mediation.

Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues.They decide to use early neutral evaluation.Discuss how this process might be helpful in this situation.

Mediation always precedes the filing of a lawsuit.

Early neutral evaluation (ENE)is a(n):

________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute,following rules used in an official trial.

Alternative Dispute Resolution can be expensive because of the initial steps prior to the filing of a lawsuit.

A criminal law case can be resolved by an ADR panel.

A collective science court (CSC)will not succeed unless it has the power to compel the parties to submit to its authority.

Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.

Ethics,social Responsibility,and the Law

Sources of the Law

The Judicial Process and Cyber-Procedure

Criminal Law and Cybercrimes

Tort Law and Cybertorts

The Essentials of Contract Law

Offer,acceptance,and Mutual Assent

Consideration and Cyber-Payments

Capacity and Legality: the Final Elements

Written Contracts and Cyber-Commerce

Third Parties,discharge,and Remedies

Sales Contracts: Formation,title,and Risk of Loss

Sales Contracts: Rights,duties,breach,and Warranties

Product Liability and Consumer Protection

The Nature of Negotiable Instruments

Holders in Due Course,defenses,and Liabilities

Bank-Depositor Relationships and Cyber-Banking

Insurance

Mortgages, land Contracts, and the 21st-Century Financial Crisis

Bankruptcy Law: in Theory, in History, and in Practice

Agency Law

Employment Law

Labor Law

The Business Entity: an Introduction

The Corporate Entity

Managing the Corporate Entity

Government Regulation of the Corporate Entity

Personal Property and Bailments

Real Property and Landlord and Tenant Law

Wills, advanced Directives, and Trusts

Professional Liability

Science, technology, and Law in the 21st Century

International Law and the New World Order

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