Question 1

A trial de novo is a

Accepted Answer

A)  trial as if no previous hearing or arbitration had been held. 
B)  trial before a novice judge. 
C)  form of arbitration. 
D)  highly publicized trial. 
A)  trial as if no previous hearing or arbitration had been held. 
B)  trial before a novice judge. 
C)  form of arbitration. 
D)  highly publicized trial.

Question 2

What are the advantages of settlement over trial?

Accepted Answer

Saves time, trouble, expense;

Question 3

What are LOELs, and why would a plaintiff want these separated from damages for pain and suffering? Do you think people ought to receive such damages? What is the problem with such damages?

Accepted Answer

Loss of enjoyment of life or "hedonic" d

Question 4

Discovery is not available in arbitration.

Accepted Answer

A) True 
 B)False

Question 5

A client may be required to attend the pretrial conference.

Accepted Answer

A) True 
 B)False

Question 6

Whether settlement agreements should be secret is controversial.

Accepted Answer

A) True 
 B)False

Question 7

Define these terms: collaborative law, high-low agreement, and offer of judgment.

Accepted Answer

Collaborative law: opposing attorneys wo

Question 8

Ethics guidelines for mediators are contained in

Accepted Answer

A)  the ABA Model Code. 
B)  Federal Rule 18(b). 
C)  the Model Standards of Alternative Dispute Resolution. 
D)  the Model Standards of Conduct for Mediators. 
A)  the ABA Model Code. 
B)  Federal Rule 18(b). 
C)  the Model Standards of Alternative Dispute Resolution. 
D)  the Model Standards of Conduct for Mediators.

Question 9

The paralegal should keep the insurance adjuster informed.

Accepted Answer

A) True 
 B)False

Question 10

Mediators must be selected by judges.

Accepted Answer

A) True 
 B)False

Question 11

Be able to define the following terms and explain their differences and similarities: voluntary arbitration and court-annexed arbitration; voluntary mediation and mandatory mediation; summary trial and summary judgment.

Accepted Answer

Voluntary mediation is agreed to by the

Question 12

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal

Accepted Answer

A)  needs to be cautious about revealing too much information. 
B)  has no need to seek the guidance of the attorney. 
C)  has no need to be concerned about revealing confidential information. 
D)  has no need to be concerned about any embarrassment to the client. 
A)  needs to be cautious about revealing too much information. 
B)  has no need to seek the guidance of the attorney. 
C)  has no need to be concerned about revealing confidential information. 
D)  has no need to be concerned about any embarrassment to the client.

Question 13

The decision to accept settlement is made by the

Accepted Answer

A)  judge. 
B)  attorney. 
C)  client. 
D)  mediator. 
A)  judge. 
B)  attorney. 
C)  client. 
D)  mediator.

Question 14

Future losses are not valid damage claims.

Accepted Answer

A) True 
 B)False

Question 15

Alternative dispute resolution is effective only in small cases.

Accepted Answer

A) True 
 B)False

Question 16

Describe the purposes of Rule 16 of the Federal Rules of Civil Procedure. Does your state rule on settlement contain these broad purposes?

Accepted Answer

The main purposes of Rule 16 are to narr

Question 17

What is a pretrial statement (memorandum) and what is one of its advantages?

Accepted Answer

A pretrial statement is an overall summa

Question 18

The percentage of civil cases that are settled is percent.

Accepted Answer

A)  70-75 
B)  50 
C)  80 
D)  98 
A)  70-75 
B)  50 
C)  80 
D)  98

Question 19

Your attorney has asked you to find examples of mediation and arbitration provisions that may potentially be used in a settlement agreement. Locate five sample provisions for her review and place them in your systems folder.

Accepted Answer

This answer will vary with each student.

Question 20

Describe med-arb.

Accepted Answer

Alternative dispute resolution

A trial de novo is a

What are the advantages of settlement over trial?

What are LOELs, and why would a plaintiff want these separated from damages for pain and suffering? Do you think people ought to receive such damages? What is the problem with such damages?

Discovery is not available in arbitration.

A client may be required to attend the pretrial conference.

Whether settlement agreements should be secret is controversial.

Define these terms: collaborative law, high-low agreement, and offer of judgment.

Ethics guidelines for mediators are contained in

The paralegal should keep the insurance adjuster informed.

Mediators must be selected by judges.

Be able to define the following terms and explain their differences and similarities: voluntary arbitration and court-annexed arbitration; voluntary mediation and mandatory mediation; summary trial and summary judgment.

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal

The decision to accept settlement is made by the

Future losses are not valid damage claims.

Alternative dispute resolution is effective only in small cases.

Describe the purposes of Rule 16 of the Federal Rules of Civil Procedure. Does your state rule on settlement contain these broad purposes?

What is a pretrial statement (memorandum) and what is one of its advantages?

The percentage of civil cases that are settled is percent.

Your attorney has asked you to find examples of mediation and arbitration provisions that may potentially be used in a settlement agreement. Locate five sample provisions for her review and place them in your systems folder.

Describe med-arb.

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

A trial de novo is a

What are the advantages of settlement over trial?

What are LOELs, and why would a plaintiff want these separated from damages for pain and suffering? Do you think people ought to receive such damages? What is the problem with such damages?

Discovery is not available in arbitration.

A client may be required to attend the pretrial conference.

Whether settlement agreements should be secret is controversial.

Define these terms: collaborative law, high-low agreement, and offer of judgment.

Ethics guidelines for mediators are contained in

The paralegal should keep the insurance adjuster informed.

Mediators must be selected by judges.

Be able to define the following terms and explain their differences and similarities: voluntary arbitration and court-annexed arbitration; voluntary mediation and mandatory mediation; summary trial and summary judgment.

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal

The decision to accept settlement is made by the

Future losses are not valid damage claims.

Alternative dispute resolution is effective only in small cases.

Describe the purposes of Rule 16 of the Federal Rules of Civil Procedure. Does your state rule on settlement contain these broad purposes?

What is a pretrial statement (memorandum) and what is one of its advantages?

The percentage of civil cases that are settled is percent.

Your attorney has asked you to find examples of mediation and arbitration provisions that may potentially be used in a settlement agreement. Locate five sample provisions for her review and place them in your systems folder.

Describe med-arb.

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