Question 1

Mediation differs from arbitration in that .

Accepted Answer

A)  a mediator makes no final decision, whereas an arbitrator provides a decision for the parties 
B)  whatever transpires during mediation can be used as evidence in court, but the proceedings of arbitration remain confidential 
C)  mediation offers lesser potential for creative solutions than arbitration 
D)  a mediator is appointed by a court, whereas an arbitrator is chosen by the disputants 
A)  a mediator makes no final decision, whereas an arbitrator provides a decision for the parties 
B)  whatever transpires during mediation can be used as evidence in court, but the proceedings of arbitration remain confidential 
C)  mediation offers lesser potential for creative solutions than arbitration 
D)  a mediator is appointed by a court, whereas an arbitrator is chosen by the disputants

Question 2

Which of the following statements is true of court-annexed arbitration?

Accepted Answer

A)  The arbitrator's decision is binding. 
B)  A full trial cannot be held for a court-annexed arbitration case. 
C)  The right of a dissatisfied party to reject a court-mandated arbitration decision is really necessary to preserve the disputants' due process rights. 
D)  The court bears the costs of arbitration if a party chooses to go to court after arbitration. 
A)  The arbitrator's decision is binding. 
B)  A full trial cannot be held for a court-annexed arbitration case. 
C)  The right of a dissatisfied party to reject a court-mandated arbitration decision is really necessary to preserve the disputants' due process rights. 
D)  The court bears the costs of arbitration if a party chooses to go to court after arbitration.

Question 3

A summary jury trial is .

Accepted Answer

A)  the process of bringing legal action against a person or entity in a court of law 
B)  the process of parties explaining their positions to a neutral third party who delivers a judgment within ten days 
C)  an alternative dispute resolution method that consists of an abbreviated trial, a nonbinding jury verdict, and a settlement conference 
D)  an alternative dispute resolution method in which cases are tried in private by a referee who is empowered by statute to enter a binding judgment 
A)  the process of bringing legal action against a person or entity in a court of law 
B)  the process of parties explaining their positions to a neutral third party who delivers a judgment within ten days 
C)  an alternative dispute resolution method that consists of an abbreviated trial, a nonbinding jury verdict, and a settlement conference 
D)  an alternative dispute resolution method in which cases are tried in private by a referee who is empowered by statute to enter a binding judgment

Question 4

Explain how various states differ in their encouragement of the use of ADR methods.

Accepted Answer

The aggressiveness with which a state en

Question 5

Which of the following is a difference between a private jury trial and summary jury trial?

Accepted Answer

A)  A summary jury trial lasts only for a day, whereas a private jury trial usually lasts longer. 
B)  The jurors in a summary jury trial are aware that their decision is not binding, unlike in a private jury trial. 
C)  A summary jury trial ensures confidentiality, whereas a private jury trial does not. 
D)  A summary jury trial can lead to the development of a two-tier system of justice, unlike that of a private jury trial. 
A)  A summary jury trial lasts only for a day, whereas a private jury trial usually lasts longer. 
B)  The jurors in a summary jury trial are aware that their decision is not binding, unlike in a private jury trial. 
C)  A summary jury trial ensures confidentiality, whereas a private jury trial does not. 
D)  A summary jury trial can lead to the development of a two-tier system of justice, unlike that of a private jury trial.

Question 6

Which of the following is not a canon of the Arbitrator's Code of Ethics?

Accepted Answer

A)  An arbitrator will uphold the integrity and fairness of the arbitration process. 
B)  If the arbitrator has an interest or relationship that is likely to affect his or her impartiality or that might create an appearance of partiality or bias, it must be disclosed. 
C)  An arbitrator, in communicating with the parties, should avoid impropriety or the appearance of it. 
D)  An arbitrator will research the parties involved in the dispute and the nature of the dispute prior to the arbitration hearing in order to reach preliminary notions regarding the relative strengths and weaknesses of each party's case. 
A)  An arbitrator will uphold the integrity and fairness of the arbitration process. 
B)  If the arbitrator has an interest or relationship that is likely to affect his or her impartiality or that might create an appearance of partiality or bias, it must be disclosed. 
C)  An arbitrator, in communicating with the parties, should avoid impropriety or the appearance of it. 
D)  An arbitrator will research the parties involved in the dispute and the nature of the dispute prior to the arbitration hearing in order to reach preliminary notions regarding the relative strengths and weaknesses of each party's case.

Question 7

The American Arbitration Association (AAA) is a private, nonprofit organization.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements is true about negotiation and settlement?

Accepted Answer

A)  It is a formal ADR method that delivers a verdict. 
B)  Most lawyers attempt negotiation before taking a case to trial. 
C)  It involves an independent or neutral third party. 
D)  It is mandatory for both the parties to be represented by a lawyer. 
A)  It is a formal ADR method that delivers a verdict. 
B)  Most lawyers attempt negotiation before taking a case to trial. 
C)  It involves an independent or neutral third party. 
D)  It is mandatory for both the parties to be represented by a lawyer.

Question 9

The Equal Employment Opportunity Commission (EEOC) can seek remedies in discrimination cases, even when a binding arbitration agreement exists to settle all employment- related disputes.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is a characteristic of alternative dispute resolution?

Accepted Answer

A)  They generally consume more time than litigations. 
B)  The person presiding over the resolution process is assigned by a court. 
C)  The presiding person is more likely to be familiar with the subject matter of the dispute than a judge would be. 
D)  The formal hearing times cannot be changed to accommodate the parties involved. 
A)  They generally consume more time than litigations. 
B)  The person presiding over the resolution process is assigned by a court. 
C)  The presiding person is more likely to be familiar with the subject matter of the dispute than a judge would be. 
D)  The formal hearing times cannot be changed to accommodate the parties involved.

Question 11

Which of the following statements is true of minitrials?

Accepted Answer

A)  The neutral adviser generally does not settle a dispute. 
B)  The parties are not represented by their attorneys. 
C)  The settlement authority resides with a jury. 
D)  It is a lawsuit in which the right to trial by jury has been waived. 
A)  The neutral adviser generally does not settle a dispute. 
B)  The parties are not represented by their attorneys. 
C)  The settlement authority resides with a jury. 
D)  It is a lawsuit in which the right to trial by jury has been waived.

Question 12

The settlement authority of a minitrial resides with the neutral adviser.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following alternative dispute resolution methods does not involve a neutral third person?

Accepted Answer

A)  negotiation and settlement 
B)  early neutral case evaluation 
C)  minitrial 
D)  mediation 
A)  negotiation and settlement 
B)  early neutral case evaluation 
C)  minitrial 
D)  mediation

Question 14

Successful negotiation of a settlement requires each party to give up something in exchange for getting something from the other party.

Accepted Answer

A) True 
 B)False

Question 15

A(n) agreement is a separate agreement providing that a specific dispute be resolved through arbitration.

Accepted Answer

A)  escrow 
B)  submission 
C)  binding 
D)  unanimous consent 
A)  escrow 
B)  submission 
C)  binding 
D)  unanimous consent

Question 16

Which of the following is true of a mediator?

Accepted Answer

A)  A mediator should arrive at a final decision. 
B)  A mediator can be obtained from the local bar association. 
C)  A person who does not have a background in law is generally preferred as a mediator. 
D)  If the mediator is not from a governmental organization, the agreement signed during mediation is not valid. 
A)  A mediator should arrive at a final decision. 
B)  A mediator can be obtained from the local bar association. 
C)  A person who does not have a background in law is generally preferred as a mediator. 
D)  If the mediator is not from a governmental organization, the agreement signed during mediation is not valid.

Question 17

There is a prehearing discovery phase in arbitration.

Accepted Answer

A) True 
 B)False

Question 18

Both federal and state courts must defer to arbitration if the contract in dispute contains a binding arbitration clause.

Accepted Answer

A) True 
 B)False

Question 19

The primary advantage of a summary jury trial is that it lasts only .

Accepted Answer

A)  one day 
B)  two days 
C)  three days 
D)  one week 
A)  one day 
B)  two days 
C)  three days 
D)  one week

Question 20

According to the National Consumer Arbitration Program, arbitrators can award damages for personal injuries suffered as a result of a defective product.

Accepted Answer

A) True 
 B)False

Exam 4: Alternative Tools of Dispute Resolution

Mediation differs from arbitration in that .

Which of the following statements is true of court-annexed arbitration?

A summary jury trial is .

Explain how various states differ in their encouragement of the use of ADR methods.

Which of the following is a difference between a private jury trial and summary jury trial?

Which of the following is not a canon of the Arbitrator's Code of Ethics?

The American Arbitration Association (AAA) is a private, nonprofit organization.

Which of the following statements is true about negotiation and settlement?

The Equal Employment Opportunity Commission (EEOC) can seek remedies in discrimination cases, even when a binding arbitration agreement exists to settle all employment- related disputes.

Which of the following is a characteristic of alternative dispute resolution?

Which of the following statements is true of minitrials?

The settlement authority of a minitrial resides with the neutral adviser.

Which of the following alternative dispute resolution methods does not involve a neutral third person?

Successful negotiation of a settlement requires each party to give up something in exchange for getting something from the other party.

A(n) agreement is a separate agreement providing that a specific dispute be resolved through arbitration.

Which of the following is true of a mediator?

There is a prehearing discovery phase in arbitration.

Both federal and state courts must defer to arbitration if the contract in dispute contains a binding arbitration clause.

The primary advantage of a summary jury trial is that it lasts only .

According to the National Consumer Arbitration Program, arbitrators can award damages for personal injuries suffered as a result of a defective product.

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations I

Law and Business Associations II

The Law of Administrative Agencies

The Employment Relationship and Immigration Laws

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor-Creditor Relations and Consumer Protection

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