Question 1

Which of the following statements about summary jury trials is false?

Accepted Answer

A)  Summary jury trials are never court annexed. 
B)  A summary jury trial allows the attorneys to have a practice trial and can be helpful in determining the appropriate damage award. 
C)  In a summary jury trial each side presents a summary of its case to five or six jurors. 
D)  The jury's decision is nonbonding in a summary jury trial. 
A)  Summary jury trials are never court annexed. 
B)  A summary jury trial allows the attorneys to have a practice trial and can be helpful in determining the appropriate damage award. 
C)  In a summary jury trial each side presents a summary of its case to five or six jurors. 
D)  The jury's decision is nonbonding in a summary jury trial. A

Question 2

Which of the following is a technique used by both the court annexed and voluntary ADR?

Accepted Answer

A)  Mediation 
B)  Minitrials 
C)  Arbitration 
D)  All of the answers are correct 
A)  Mediation 
B)  Minitrials 
C)  Arbitration 
D)  All of the answers are correct D

Question 3

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Accepted Answer

A) True 
 B)False  False

Question 4

Mediation is less expensive than litigation.

Accepted Answer

A) True 
 B)False

Question 5

A "neutral" is a person specially trained in the subject matter of a claim.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

Accepted Answer

A)  Opening statements by the parties are allowed. 
B)  There is strict adherence to the rules of evidence. 
C)  Direct and cross-examination of witnesses are permitted. 
D)  Arbitration hearings are generally not open to the public. 
A)  Opening statements by the parties are allowed. 
B)  There is strict adherence to the rules of evidence. 
C)  Direct and cross-examination of witnesses are permitted. 
D)  Arbitration hearings are generally not open to the public.

Question 7

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Accepted Answer

A) True 
 B)False

Question 8

Your neighbor has a very loud bird that screeches loudly at all hours of the day and night.You have not slept well in months and feeling exhausted and stressed.You've spoken to your neighbor, who has agreed it is a problem, but the problem has not gotten any better.You believe that ADR would be an effective way to resolve this.Which ADR technique would you select and why?

Accepted Answer

I would select mediation as the ADR tech

Question 9

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Accepted Answer

A)  plaintiff is entitled to a judgment of $200,000. 
B)  the defendant can immediately appeal the award, but if he fails to appeal, a default judgment will be entered. 
C)  only the plaintiff, not the doctor can appeal the award, if he believes the amount is inadequate. 
D)  while the verdict is nonbinding the verdict can serve as a basis for settlement negotiations. 
A)  plaintiff is entitled to a judgment of $200,000. 
B)  the defendant can immediately appeal the award, but if he fails to appeal, a default judgment will be entered. 
C)  only the plaintiff, not the doctor can appeal the award, if he believes the amount is inadequate. 
D)  while the verdict is nonbinding the verdict can serve as a basis for settlement negotiations.

Question 10

Judicially hosted settlement conferences

Accepted Answer

A)  are technically a step in the litigation process. 
B)  are used by judges and lawyers as an informal method for resolving disputes without trial. 
C)  can help get discussions beyond the lawyer's puffery. 
D)  all of the above. 
A)  are technically a step in the litigation process. 
B)  are used by judges and lawyers as an informal method for resolving disputes without trial. 
C)  can help get discussions beyond the lawyer's puffery. 
D)  all of the above.

Question 11

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Accepted Answer

A) True 
 B)False

Question 12

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Accepted Answer

Voluntary arbitration is a process in wh

Question 13

Online dispute resolution is not well respected and few legitimate organizations would use it.

Accepted Answer

A) True 
 B)False

Question 14

Sources of dissatisfaction with the legal system include

Accepted Answer

A)  the costs associated with overpreparation of cases for trial. 
B)  legal strategies of attrition. 
C)  the lawyer's failure to examine critically the strength of his or her own case early in the litigation process. 
D)  none of the above. 
A)  the costs associated with overpreparation of cases for trial. 
B)  legal strategies of attrition. 
C)  the lawyer's failure to examine critically the strength of his or her own case early in the litigation process. 
D)  none of the above.

Question 15

Minitrials are particularly appropriate when

Accepted Answer

A)  cases will be easy to settle. 
B)  cases have been difficult to settle. 
C)  the Seventh amendment compels a jury trial. 
D)  none of these answers is correct. 
A)  cases will be easy to settle. 
B)  cases have been difficult to settle. 
C)  the Seventh amendment compels a jury trial. 
D)  none of these answers is correct.

Question 16

One ADR process allows each party to make an abbreviated presentation to a panel, generally consisting of a senior manager or decision maker from each side and a judge or jointly selected neutral third party.After these presentations, the managers meet privately to try to negotiate a solution to the dispute.This process is known as

Accepted Answer

A)  arbitration. 
B)  mediation. 
C)  a minitrial. 
D)  a summary jury trial. 
A)  arbitration. 
B)  mediation. 
C)  a minitrial. 
D)  a summary jury trial.

Question 17

Which of the following statements about mediation is false?

Accepted Answer

A)  Mediators have no formal power to render a decision, but rather act as facilitators for dispute resolution. 
B)  Mediation is nonbinding. 
C)  There are fewer enforcement issues with mediation because the process produces an agreement between the parties. 
D)  All mediation is court annexed. 
A)  Mediators have no formal power to render a decision, but rather act as facilitators for dispute resolution. 
B)  Mediation is nonbinding. 
C)  There are fewer enforcement issues with mediation because the process produces an agreement between the parties. 
D)  All mediation is court annexed.

Question 18

Which of the following statements about mediators is NOT true?

Accepted Answer

A)  They help disputants narrow the issues. 
B)  They look for areas in which the parties have a common interest as well as alternatives for resolving the dispute. 
C)  They encourage the parties to focus on only one solution. 
D)  All of the above are correct. 
A)  They help disputants narrow the issues. 
B)  They look for areas in which the parties have a common interest as well as alternatives for resolving the dispute. 
C)  They encourage the parties to focus on only one solution. 
D)  All of the above are correct.

Question 19

Critics of the private trial worry about

Accepted Answer

A)  a two-tier system of justice. 
B)  the right to privacy. 
C)  overworking the private courts with too many litigants. 
D)  none of these answers are correct. 
A)  a two-tier system of justice. 
B)  the right to privacy. 
C)  overworking the private courts with too many litigants. 
D)  none of these answers are correct.

Question 20

The State of Missouri Bar Association has proposed an amendment to the state's Code of Attorney's Professional Responsibility to require that lawyers discuss ADR alternatives as well as litigation with clients.Attorney I.M.Fearless opposes this rule.He believes that ADR imposes additional costs and delays on clients and is primarily proposed to discourage clients from exercising their rights to a jury trial (thereby reducing the need for increased court funding).What arguments can you make to rebut Fearless?

Accepted Answer

There are several arguments that can be

Which of the following statements about summary jury trials is false?

Which of the following is a technique used by both the court annexed and voluntary ADR?

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Mediation is less expensive than litigation.

A "neutral" is a person specially trained in the subject matter of a claim.

Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Judicially hosted settlement conferences

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Online dispute resolution is not well respected and few legitimate organizations would use it.

Sources of dissatisfaction with the legal system include

Minitrials are particularly appropriate when

Which of the following statements about mediation is false?

Which of the following statements about mediators is NOT true?

Critics of the private trial worry about

Introduction

Ethics and Law

Institutional Sources of American Law

The Judicial System

Civil Procedure

Limitations in Seeking Relief

Judicial Remedies

Criminal Law and Procedure

Family Law

Contracts

The Law of Torts

Property

Administrative Law and Administrative Agencies

Filters

Exam 14: Alternative Dispute Resolution

Which of the following statements about summary jury trials is false?

Which of the following is a technique used by both the court annexed and voluntary ADR?

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Mediation is less expensive than litigation.

A "neutral" is a person specially trained in the subject matter of a claim.

Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Judicially hosted settlement conferences

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Online dispute resolution is not well respected and few legitimate organizations would use it.

Sources of dissatisfaction with the legal system include

Minitrials are particularly appropriate when

Which of the following statements about mediation is false?

Which of the following statements about mediators is NOT true?

Critics of the private trial worry about

Introduction

Ethics and Law

Institutional Sources of American Law

The Judicial System

Civil Procedure

Limitations in Seeking Relief

Judicial Remedies

Criminal Law and Procedure

Family Law

Contracts

The Law of Torts

Property

Administrative Law and Administrative Agencies

Filters