Question 1

The plaintiff's settlement brochure should include

Accepted Answer

A)  the plaintiff's history of frequently filing injury lawsuits. 
B)  the medical history of the defendant. 
C)  motions and pleadings. 
D)  facts supported by evidence. 
A)  the plaintiff's history of frequently filing injury lawsuits. 
B)  the medical history of the defendant. 
C)  motions and pleadings. 
D)  facts supported by evidence.

Question 2

What is ADR and its advantages and disadvantages?

Accepted Answer

Alternative dispute resolution (ADR) is

Question 3

By researching your state statutes and local federal rules, determine whether your state has a provision for arbitration or mediation. If so, determine what types of cases and dispute amounts are considered for the program. If your state has no such system, write a proposal to your local newspaper or state bar association on why you believe there should or shouldn't be such a system. Discuss and defend your proposals in class.

Accepted Answer

Response depends on state practice and s

Question 4

How many civil cases are settled before trial?

Accepted Answer

A)  40-50 percent 
B)  20-25 percent 
C)  75-80 percent 
D)  over 90-95 percent 
A)  40-50 percent 
B)  20-25 percent 
C)  75-80 percent 
D)  over 90-95 percent

Question 5

Arbitration usually takes less time than a trial.

Accepted Answer

A) True 
 B)False

Question 6

How does summary trial lead to settlement?

Accepted Answer

It shows which side

Question 7

What formulas and processes are utilized to calculate various kinds of damages?

Accepted Answer

The most important settlement objective

Question 8

Mandatory arbitration clauses are controversial because of a frequent disparity in bargaining power.

Accepted Answer

A) True 
 B)False

Question 9

How does summary trial lead to settlement?

Accepted Answer

It shows which side

Question 10

Pain and suffering is the same as loss of enjoyment of life.

Accepted Answer

A) True 
 B)False

Question 11

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to

Accepted Answer

A)  docket reminders of the date of the conference for both attorney and paralegal. 
B)  see that client has signed all needed authorizations. 
C)  prepare summaries and gather supporting documents and legal memoranda for the attorney to take to conference. 
D)  advise client on what a reasonable settlement range will be. 
A)  docket reminders of the date of the conference for both attorney and paralegal. 
B)  see that client has signed all needed authorizations. 
C)  prepare summaries and gather supporting documents and legal memoranda for the attorney to take to conference. 
D)  advise client on what a reasonable settlement range will be.

Question 12

Which of the following does not relieve pressure on our court systems?

Accepted Answer

A)  Arbitration 
B)  Adjudication on the merits 
C)  Mediation 
D)  Settlement 
A)  Arbitration 
B)  Adjudication on the merits 
C)  Mediation 
D)  Settlement

Question 13

When an action is dismissed with prejudice, the action

Accepted Answer

A)  may not be brought again. 
B)  may be brought again. 
C)  must be arbitrated. 
D)  must be mediated. 
A)  may not be brought again. 
B)  may be brought again. 
C)  must be arbitrated. 
D)  must be mediated.

Question 14

During the settlement process, what are the goals of communication with clients? With insurance adjusters?

Accepted Answer

Continue to send to the client copies of

Question 15

What must be investigated and summarized in preparing for settlement? Why is this information necessary?

Accepted Answer

A thorough early investigation is import

Question 16

The focus of a settlement conference is broader than that of a pretrial conference.

Accepted Answer

A) True 
 B)False

Question 17

In settlement, the defense

Accepted Answer

A)  never proposes a settlement. 
B)  only reacts to the plaintiff's request. 
C)  seldom prepares a settlement brochure. 
D)  normally signs the release from liability. 
A)  never proposes a settlement. 
B)  only reacts to the plaintiff's request. 
C)  seldom prepares a settlement brochure. 
D)  normally signs the release from liability.

Question 18

Which is not one of the "three strikes" in evaluating an opponent's injury claim?

Accepted Answer

A)  The party has not seen a doctor. 
B)  The party has not been hospitalized. 
C)  The party has not used home remedies. 
D)  The party has not lost work. 
A)  The party has not seen a doctor. 
B)  The party has not been hospitalized. 
C)  The party has not used home remedies. 
D)  The party has not lost work.

Question 19

Mediation is not suitable in complex cases.

Accepted Answer

A) True 
 B)False

Question 20

Early case assessment reduces discovery costs.

Accepted Answer

A) True 
 B)False

The plaintiff's settlement brochure should include

What is ADR and its advantages and disadvantages?

How many civil cases are settled before trial?

Arbitration usually takes less time than a trial.

How does summary trial lead to settlement?

What formulas and processes are utilized to calculate various kinds of damages?

Mandatory arbitration clauses are controversial because of a frequent disparity in bargaining power.

How does summary trial lead to settlement?

Pain and suffering is the same as loss of enjoyment of life.

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to

Which of the following does not relieve pressure on our court systems?

When an action is dismissed with prejudice, the action

During the settlement process, what are the goals of communication with clients? With insurance adjusters?

What must be investigated and summarized in preparing for settlement? Why is this information necessary?

The focus of a settlement conference is broader than that of a pretrial conference.

In settlement, the defense

Which is not one of the "three strikes" in evaluating an opponent's injury claim?

Mediation is not suitable in complex cases.

Early case assessment reduces discovery costs.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 10: Settlement and Other Alternative Dispute

The plaintiff's settlement brochure should include

What is ADR and its advantages and disadvantages?

How many civil cases are settled before trial?

Arbitration usually takes less time than a trial.

How does summary trial lead to settlement?

What formulas and processes are utilized to calculate various kinds of damages?

Mandatory arbitration clauses are controversial because of a frequent disparity in bargaining power.

How does summary trial lead to settlement?

Pain and suffering is the same as loss of enjoyment of life.

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to

Which of the following does not relieve pressure on our court systems?

When an action is dismissed with prejudice, the action

During the settlement process, what are the goals of communication with clients? With insurance adjusters?

What must be investigated and summarized in preparing for settlement? Why is this information necessary?

The focus of a settlement conference is broader than that of a pretrial conference.

In settlement, the defense

Which is not one of the "three strikes" in evaluating an opponent's injury claim?

Mediation is not suitable in complex cases.

Early case assessment reduces discovery costs.

Welcome to the Law Office: Foundations for Litigation

The Initial Interview

Evidence and Investigation

Drafting the Complaint

Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

Defending and Testing the Lawsuit: Motions, Answers, and Other Responsive Pleadings

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Document Production and Control, Medical Exams, Admissions, and Compelling Discovery

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters