Question 1

What is court-annexed arbitration?

Accepted Answer

The court controls the process

Question 2

List three types of settlement requests from least to most expensive.

Accepted Answer

Settlement

Question 3

Arbitration usually takes less time than a trial.

Accepted Answer

A) True 
 B)False

Question 4

Why are cases settled? What factors must be taken into consideration?

Accepted Answer

Cases are settled because each party det

Question 5

What are the advantages of settlement over trial?

Accepted Answer

Saves time, trouble, expense;

Question 6

Using the Settlement Agreement form in Chapter 10 of the text, one of your state's form, or a sample from the Internet, and information on the Coleman v. Make Tracks, Inc. case, draft a settlement agreement that reflects a fair settlement in the case. Assume for purposes of this assignment that Sean Coleman had medical expenses of $75,000, lost wages of $65,000, and out-of- pocket expenses of $10,000. He will have a permanent limp due to his injuries. (Be creative in drafting your agreement.)

Accepted Answer

Use the release and settlement below as

Question 7

Mediation

Accepted Answer

A)  is adversarial. 
B)  can be voluntary or mandatory. 
C)  is a formal courtroom process. 
D)  requires a burden of proof. 
A)  is adversarial. 
B)  can be voluntary or mandatory. 
C)  is a formal courtroom process. 
D)  requires a burden of proof.

Question 8

Federal courts discourage ADR.

Accepted Answer

A) True 
 B)False

Question 9

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

Accepted Answer

A) True 
 B)False

Question 10

What are the contents and what is the purpose of a release? A settlement agreement?

Accepted Answer

Once the parties have agreed to settle,

Question 11

Go to juryverdicts.com. What is the jury verdict publisher for your state or the nearest state where a publisher is available? What information does the publisher offer?

Accepted Answer

Informatio

Question 12

It is best to prepare a settlement proposal

Accepted Answer

A)  even before investigation. 
B)  as early in the case as investigation and discovery will permit. 
C)  just before the final pretrial conference. 
D)  just before trial. 
A)  even before investigation. 
B)  as early in the case as investigation and discovery will permit. 
C)  just before the final pretrial conference. 
D)  just before trial.

Question 13

Arbitration is

Accepted Answer

A)  required by the Federal Arbitration Act. 
B)  not allowed in interstate commerce contracts. 
C)  always preferable at litigation. 
D)  a private contractual process. 
A)  required by the Federal Arbitration Act. 
B)  not allowed in interstate commerce contracts. 
C)  always preferable at litigation. 
D)  a private contractual process.

Question 14

A high-low agreement is the usual result of mediation.

Accepted Answer

A) True 
 B)False

Question 15

A letter may be a sufficient settlement request in small cases.

Accepted Answer

A) True 
 B)False

Question 16

Arbitration is

Accepted Answer

A)  required by the Federal Rules of Civil Procedure. 
B)  not allowed in federal cases. 
C)  encouraged by state and federal law. 
D)  not allowed by most states. 
A)  required by the Federal Rules of Civil Procedure. 
B)  not allowed in federal cases. 
C)  encouraged by state and federal law. 
D)  not allowed by most states.

Question 17

Appeal from an arbitration decision is

Accepted Answer

A)  limited to the National Arbitration Board. 
B)  based on a wide array of grounds. 
C)  usually successful. 
A)  limited to the National Arbitration Board. 
B)  based on a wide array of grounds. 
C)  usually successful.

Question 18

Describe med-arb.

Accepted Answer

Alternative dispute resolution

Question 19

What is meant when a court dismisses a case with prejudice and without prejudice? Identify the differences and the significance.

Accepted Answer

With prejudice: cannot file th

Question 20

Determine the procedures that your local U.S. district court judges employ at their pretrial conferences. Identify each judge and his or her requirements. Place that information in your systems folder.

Accepted Answer

As a virtual assistant, I do not have ac

What is court-annexed arbitration?

List three types of settlement requests from least to most expensive.

Arbitration usually takes less time than a trial.

Why are cases settled? What factors must be taken into consideration?

What are the advantages of settlement over trial?

Mediation

Federal courts discourage ADR.

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

What are the contents and what is the purpose of a release? A settlement agreement?

Go to juryverdicts.com. What is the jury verdict publisher for your state or the nearest state where a publisher is available? What information does the publisher offer?

It is best to prepare a settlement proposal

Arbitration is

A high-low agreement is the usual result of mediation.

A letter may be a sufficient settlement request in small cases.

Arbitration is

Appeal from an arbitration decision is

Describe med-arb.

What is meant when a court dismisses a case with prejudice and without prejudice? Identify the differences and the significance.

Determine the procedures that your local U.S. district court judges employ at their pretrial conferences. Identify each judge and his or her requirements. Place that information in your systems folder.

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

What is court-annexed arbitration?

List three types of settlement requests from least to most expensive.

Arbitration usually takes less time than a trial.

Why are cases settled? What factors must be taken into consideration?

What are the advantages of settlement over trial?

Mediation

Federal courts discourage ADR.

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

What are the contents and what is the purpose of a release? A settlement agreement?

Go to juryverdicts.com. What is the jury verdict publisher for your state or the nearest state where a publisher is available? What information does the publisher offer?

It is best to prepare a settlement proposal

Arbitration is

A high-low agreement is the usual result of mediation.

A letter may be a sufficient settlement request in small cases.

Arbitration is

Appeal from an arbitration decision is

Describe med-arb.

What is meant when a court dismisses a case with prejudice and without prejudice? Identify the differences and the significance.

Determine the procedures that your local U.S. district court judges employ at their pretrial conferences. Identify each judge and his or her requirements. Place that information in your systems folder.

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