Question 1

Which of the following is not one of the five steps to dispute resolution outlined by the United Parcel Service?

Accepted Answer

A)  Open door policy 
B)  Facilitation 
C)  Management review 
D)  Peer review 
E)  Mandatory mediation 
A)  Open door policy 
B)  Facilitation 
C)  Management review 
D)  Peer review 
E)  Mandatory mediation

Question 2

Which of the following is true regarding areas in which arbitration is used?

Accepted Answer

A)  Arbitration is used in employment, medical malpractice cases, environmental disputes, commercial contract disputes, and insurance liability claims. 
B)  Arbitration is used in medical malpractice cases, environmental disputes, and commercial contract disputes, but not in insurance liability claim disputes because those claims are governed strictly by state regulatory law. 
C)  Arbitration is used in environmental disputes, commercial contract disputes, and insurance liability claim disputes, but not in medical malpractice cases because those cases are governed strictly by state statutory law and also state common law on negligence. 
D)  Arbitration is used in medical malpractice cases, environmental disputes, and insurance liability claim disputes, but not in commercial contract disputes because those disputes are governed by the UCC. 
E)  Arbitration is used in medical malpractice cases, commercial contract disputes, and insurance liability claim disputes, but not in environmental disputes because those disputes are governed strictly by federal law. 
A)  Arbitration is used in employment, medical malpractice cases, environmental disputes, commercial contract disputes, and insurance liability claims. 
B)  Arbitration is used in medical malpractice cases, environmental disputes, and commercial contract disputes, but not in insurance liability claim disputes because those claims are governed strictly by state regulatory law. 
C)  Arbitration is used in environmental disputes, commercial contract disputes, and insurance liability claim disputes, but not in medical malpractice cases because those cases are governed strictly by state statutory law and also state common law on negligence. 
D)  Arbitration is used in medical malpractice cases, environmental disputes, and insurance liability claim disputes, but not in commercial contract disputes because those disputes are governed by the UCC. 
E)  Arbitration is used in medical malpractice cases, commercial contract disputes, and insurance liability claim disputes, but not in environmental disputes because those disputes are governed strictly by federal law.

Question 3

When can an arbitration award be set aside?

Accepted Answer

A)  If the parties do not like the outcome of the arbitrator's award. 
B)  If the award resulted from fraud, corruption or the arbitrator misbehaved in a way that prejudiced the rights of the parties. 
C)  If the courts do not like the arbitrator that the parties picked. 
D)  If the arbitrator was a lawyer and not a judge. 
E)  If the arbitrator was a judge and not a lawyer. 
A)  If the parties do not like the outcome of the arbitrator's award. 
B)  If the award resulted from fraud, corruption or the arbitrator misbehaved in a way that prejudiced the rights of the parties. 
C)  If the courts do not like the arbitrator that the parties picked. 
D)  If the arbitrator was a lawyer and not a judge. 
E)  If the arbitrator was a judge and not a lawyer.

Question 4

Explain the 1998 Alternative Dispute Resolution Act and its requirements on litigants in the federal district courts.

Accepted Answer

Under the 1998 Alternative Dispute Resol

Question 5

[Salsa Sensations] Sofia, co-owner of a popular dance club called Salsa Sensations, discovered her co-owner and best friend, Renata, has been secretly pocketing cash receipts. Salsa Sensations' business is booming. Sofia meets Gordon, an attorney. Gordon advises Sofia that she should engage in ADR instead of filing a lawsuit against Renata because it would be faster and cheaper than litigation.
-Sofia tells Gordon that she wants to file a lawsuit against Renata, and then engage in mediation. Gordon tells her that she must mediate before filing a lawsuit. Is Gordon correct?

Accepted Answer

A)  Yes, once a lawsuit is initiated, she cannot engage in mediation. 
B)  No, many courts have mediation programs. 
C)  No, every court will mandate mediation after a lawsuit is filed. 
D)  Yes, it is a waste of money to file a lawsuit before mediation. 
E)  No, the Federal Arbitration Act mandates that mediation must occur. 
A)  Yes, once a lawsuit is initiated, she cannot engage in mediation. 
B)  No, many courts have mediation programs. 
C)  No, every court will mandate mediation after a lawsuit is filed. 
D)  Yes, it is a waste of money to file a lawsuit before mediation. 
E)  No, the Federal Arbitration Act mandates that mediation must occur.

Question 6

A summary jury trial leads to a binding jury verdict.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is true regarding the Uniform Mediation Act?

Accepted Answer

A)  There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act. 
B)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and all states have adopted it. 
C)  It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest, and all states have adopted it. 
D)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and less than half the states have adopted it. 
E)  It provides for a mediation privilege, mediators are required to identify any conflicts of interest, and less than half the states have adopted it. 
A)  There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act. 
B)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and all states have adopted it. 
C)  It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest, and all states have adopted it. 
D)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and less than half the states have adopted it. 
E)  It provides for a mediation privilege, mediators are required to identify any conflicts of interest, and less than half the states have adopted it.

Question 8

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Accepted Answer

A)  It is up to each of the parties. They may have legal counsel or they may not. 
B)  Parties may not have legal counsel. 
C)  Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used. 
D)  Individuals may have legal counsel, but corporations may not. 
E)  Corporations may have legal counsel, but individuals may not. 
A)  It is up to each of the parties. They may have legal counsel or they may not. 
B)  Parties may not have legal counsel. 
C)  Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used. 
D)  Individuals may have legal counsel, but corporations may not. 
E)  Corporations may have legal counsel, but individuals may not.

Question 9

In what situations would a court most often strike down an arbitration clause as unconscionable?

Accepted Answer

A)  Contracts between merchants 
B)  Contracts between corporations 
C)  Contracts between businesses and their vendors 
D)  Consumer and employment contracts 
E)  Courts never strike down arbitration clauses as unconscionable 
A)  Contracts between merchants 
B)  Contracts between corporations 
C)  Contracts between businesses and their vendors 
D)  Consumer and employment contracts 
E)  Courts never strike down arbitration clauses as unconscionable

Exam 4: Alternative Dispute Resolution

Which of the following is not one of the five steps to dispute resolution outlined by the United Parcel Service?

Which of the following is true regarding areas in which arbitration is used?

When can an arbitration award be set aside?

Explain the 1998 Alternative Dispute Resolution Act and its requirements on litigants in the federal district courts.

A summary jury trial leads to a binding jury verdict.

Which of the following is true regarding the Uniform Mediation Act?

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

In what situations would a court most often strike down an arbitration clause as unconscionable?

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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