Question 1

The neutral third party in provides an opinion on the strengths and weaknesses of a case.

Accepted Answer

A)  a private trial 
B)  early neutral case evaluation 
C)  arbitration 
D)  litigation 
A)  a private trial 
B)  early neutral case evaluation 
C)  arbitration 
D)  litigation

Question 2

Critics of mediation argue that it creates an impression of equality even when none exists.

Accepted Answer

A) True 
 B)False

Question 3

Atlos Inc. is the primary customer of the raw materials provided by Arcturis Inc. Atlos is unhappy about the previous batch of materials supplied, which has led to a dispute between the two corporations. But, in spite of their dispute, the two companies prefer to continue doing business. Hence, they wish to resolve the dispute in an informal manner without a neutral third party. Which of the following dispute resolution methods is likely to work best for them?

Accepted Answer

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

Question 4

Which of the following statements is true of a summary jury trial?

Accepted Answer

A)  A summary jury trial lasts for more than two days. 
B)  The jury is composed of ten people. 
C)  The verdict delivered by the judge is final and binding. 
D)  If a case goes to trial, nothing from the summary trial is admissible as evidence. 
A)  A summary jury trial lasts for more than two days. 
B)  The jury is composed of ten people. 
C)  The verdict delivered by the judge is final and binding. 
D)  If a case goes to trial, nothing from the summary trial is admissible as evidence.

Question 5

In some U.S. states, disputes involving less than a certain amount of money automatically go to arbitration.

Accepted Answer

A) True 
 B)False

Question 6

is presided over by a neutral adviser, but the settlement authority resides with senior executives of the disputing corporations.

Accepted Answer

A)  Non-binding arbitration 
B)  Binding arbitration 
C)  A minitrial 
D)  Mediation 
A)  Non-binding arbitration 
B)  Binding arbitration 
C)  A minitrial 
D)  Mediation

Question 7

Satarn, Inc. often does business with Scorpeo, Inc. Recently, the two corporations had a minor dispute. However, they wish to continue doing business with one another for which their relationship should be preserved. They came to an agreement that whatever transpires during the resolution process should be confidential. Which of the following dispute resolution methods should they choose?

Accepted Answer

A)  litigation 
B)  mediation 
C)  arbitration 
D)  summary jury trials 
A)  litigation 
B)  mediation 
C)  arbitration 
D)  summary jury trials

Question 8

Which of the following statements is true of private trials?

Accepted Answer

A)  The use of private trials by disputants with sufficient resources is likely to improve public courts. 
B)  A party dissatisfied with a referee's judgment cannot move for a new trial. 
C)  The jurors are a typical jury, accurately representing the idea "jury of one's peers." 
D)  The cases are tried by a referee selected and paid by the disputants. 
A)  The use of private trials by disputants with sufficient resources is likely to improve public courts. 
B)  A party dissatisfied with a referee's judgment cannot move for a new trial. 
C)  The jurors are a typical jury, accurately representing the idea "jury of one's peers." 
D)  The cases are tried by a referee selected and paid by the disputants.

Question 9

Lawyers generally avoid negotiation and settlement as a method of dispute resolution.

Accepted Answer

A) True 
 B)False

Question 10

An arbitrator's award may be set aside if the arbitrator exceeded his or her authority in making the award.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following statements is true of mediation?

Accepted Answer

A)  A mediator is appointed by a court. 
B)  The proceedings of mediation can be used in litigations. 
C)  Mediation is more time-consuming and expensive than litigation. 
D)  Mediation is used increasingly to resolve insurance claim disputes and commercial contract problems. 
A)  A mediator is appointed by a court. 
B)  The proceedings of mediation can be used in litigations. 
C)  Mediation is more time-consuming and expensive than litigation. 
D)  Mediation is used increasingly to resolve insurance claim disputes and commercial contract problems.

Question 12

What is a submission agreement, and what conditions are usually specified in such an agreement?

Accepted Answer

A submission agreement provides that a s

Question 13

The arbitrator's decision is called the .

Accepted Answer

A)  award 
B)  certification 
C)  order 
D)  verdict 
A)  award 
B)  certification 
C)  order 
D)  verdict

Question 14

Why does the Federal Arbitration Act (FAA) want to limit a court's power over an arbitration award?

Accepted Answer

The major advantages of arbitration over

Question 15

Which of the following is not part of a summary jury trial?

Accepted Answer

A)  an abbreviated trial 
B)  a nonbinding jury verdict 
C)  an intermediate appeal 
D)  a settlement conference 
A)  an abbreviated trial 
B)  a nonbinding jury verdict 
C)  an intermediate appeal 
D)  a settlement conference

Question 16

In , parties select a neutral third party and explain their respective positions to this third party, who then evaluates the strengths and weaknesses of their cases. This evaluation guides the parties in reaching a settlement.

Accepted Answer

A)  binding arbitration 
B)  non-binding arbitration 
C)  mediation 
D)  early neutral case evaluation 
A)  binding arbitration 
B)  non-binding arbitration 
C)  mediation 
D)  early neutral case evaluation

Question 17

A summary jury trial lasts only one day.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following statements is true of alternative dispute resolution?

Accepted Answer

A)  Parties using alternative dispute resolution are likely to face adverse publicity. 
B)  Alternative dispute resolution is generally more expensive than litigation. 
C)  Alternative dispute resolution generally leads to loss of confidentiality and trade secrets. 
D)  Alternative dispute resolution methods are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties. 
A)  Parties using alternative dispute resolution are likely to face adverse publicity. 
B)  Alternative dispute resolution is generally more expensive than litigation. 
C)  Alternative dispute resolution generally leads to loss of confidentiality and trade secrets. 
D)  Alternative dispute resolution methods are less time-consuming, and the formal-hearing times and places can be set to accommodate the parties.

Question 19

In a private trial, the referee is empowered by statute to enter a legally binding judgment.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following best defines arbitration briefs?

Accepted Answer

A)  They are written arguments from both parties. 
B)  They are official records of proceedings of the case. 
C)  They are documents providing reasons for a decision. 
D)  They are documents detailing the financial statements of both parties. 
A)  They are written arguments from both parties. 
B)  They are official records of proceedings of the case. 
C)  They are documents providing reasons for a decision. 
D)  They are documents detailing the financial statements of both parties.

Exam 4: Alternative Tools of Dispute Resolution

The neutral third party in provides an opinion on the strengths and weaknesses of a case.

Critics of mediation argue that it creates an impression of equality even when none exists.

Which of the following statements is true of a summary jury trial?

In some U.S. states, disputes involving less than a certain amount of money automatically go to arbitration.

is presided over by a neutral adviser, but the settlement authority resides with senior executives of the disputing corporations.

Which of the following statements is true of private trials?

Lawyers generally avoid negotiation and settlement as a method of dispute resolution.

An arbitrator's award may be set aside if the arbitrator exceeded his or her authority in making the award.

Which of the following statements is true of mediation?

What is a submission agreement, and what conditions are usually specified in such an agreement?

The arbitrator's decision is called the .

Why does the Federal Arbitration Act (FAA) want to limit a court's power over an arbitration award?

Which of the following is not part of a summary jury trial?

In , parties select a neutral third party and explain their respective positions to this third party, who then evaluates the strengths and weaknesses of their cases. This evaluation guides the parties in reaching a settlement.

A summary jury trial lasts only one day.

Which of the following statements is true of alternative dispute resolution?

In a private trial, the referee is empowered by statute to enter a legally binding judgment.

Which of the following best defines arbitration briefs?

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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