Question 1

The Alternative Dispute Resolution Act of 1998

Accepted Answer

A)  increased judicial interest in ADR. 
B)  requires federal district courts to implement ADR procedures. 
C)  Both of the above 
D)  None of the above.The statute discourages the use of ADR in federal courts. 
A)  increased judicial interest in ADR. 
B)  requires federal district courts to implement ADR procedures. 
C)  Both of the above 
D)  None of the above.The statute discourages the use of ADR in federal courts.

Question 2

While there are many beliefs about the benefits of ADR,

Accepted Answer

A)  only one study has been done regarding the benefits of ADR. 
B)  no studies have been conducted to determine if ADR really has the benefits it claims to. 
C)  the several studies that have been conducted have mixed results. 
D)  the studies present strong evidence that ADR is not beneficial. 
A)  only one study has been done regarding the benefits of ADR. 
B)  no studies have been conducted to determine if ADR really has the benefits it claims to. 
C)  the several studies that have been conducted have mixed results. 
D)  the studies present strong evidence that ADR is not beneficial.

Question 3

The procedures of a summary jury trial are

Accepted Answer

A)  similar to a regular trial. 
B)  waived to speed up arriving at a settlement. 
C)  the same as the Federal Civil Rules of Procedure. 
D)  none of these answers are correct. 
A)  similar to a regular trial. 
B)  waived to speed up arriving at a settlement. 
C)  the same as the Federal Civil Rules of Procedure. 
D)  none of these answers are correct.

Question 4

The federal Constitution guarantees access to a jury trial in all civil cases.

Accepted Answer

A) True 
 B)False

Question 5

Discovery and the rules of evidence are the same on court-annexed arbitration as they would be at trial.

Accepted Answer

A) True 
 B)False

Question 6

What was the main policy impact of the Federal Arbitration Act?

Accepted Answer

A)  It allowed for the federal financing of arbitration. 
B)  It created a federal agency to oversee the creation of ADR techniquest. 
C)  It established a national policy in favor of arbitration. 
D)  None of these answers is correct. 
A)  It allowed for the federal financing of arbitration. 
B)  It created a federal agency to oversee the creation of ADR techniquest. 
C)  It established a national policy in favor of arbitration. 
D)  None of these answers is correct.

Question 7

Which of the following statements about minitrials is false?

Accepted Answer

A)  A minitrial is actually an abbreviated trial before a district judge. 
B)  Minitrials are used primarily for business disputes. 
C)  The parties in a minitrial have control over the procedures and can disregard the formal rules of civil procedure and evidence. 
D)  One goal of a minitrial is to educate the managers about the dispute so that they can control the solution, rather than lawyers and juries. 
A)  A minitrial is actually an abbreviated trial before a district judge. 
B)  Minitrials are used primarily for business disputes. 
C)  The parties in a minitrial have control over the procedures and can disregard the formal rules of civil procedure and evidence. 
D)  One goal of a minitrial is to educate the managers about the dispute so that they can control the solution, rather than lawyers and juries.

Question 8

Elizabeth Garfield brought suit against her former employer, Thomas McKinnon Securities, Inc., claiming that McKinnon had discharged her on account of her age in violation of the Age Discrimination in Employment Act.McKinnon moved to dismiss the complaint and compel arbitration because Garfield had agreed to arbitrate any controversy arising out of her employment.She maintained that Congress did not permit persons to waive their statutory right to sue ADEA violations in federal court via the execution of an arbitration agreement.Ms.Garfield is

Accepted Answer

A)  correct.In the national policy established by Congress, arbitration is not a favored way of resolving disputes. 
B)  correct.Rights arising under statutes cannot be arbitrated; only common law claims can be arbitrated. 
C)  correct.State law prohibits labor disputes from being submitted to arbitration. 
D)  incorrect.Most disputes can be submitted to arbitration, and public policy generally favors the private settlement of disputes. 
A)  correct.In the national policy established by Congress, arbitration is not a favored way of resolving disputes. 
B)  correct.Rights arising under statutes cannot be arbitrated; only common law claims can be arbitrated. 
C)  correct.State law prohibits labor disputes from being submitted to arbitration. 
D)  incorrect.Most disputes can be submitted to arbitration, and public policy generally favors the private settlement of disputes.

Question 9

Private trials are appropriate

Accepted Answer

A)  after mediation or arbitration have failed. 
B)  when parties want to avoid public exposure. 
C)  when expertise is needed in the judge. 
D)  None of these answers are correct. 
A)  after mediation or arbitration have failed. 
B)  when parties want to avoid public exposure. 
C)  when expertise is needed in the judge. 
D)  None of these answers are correct.

Question 10

Private trials offer participants many advantages over public trials.Some of these advantages include

Accepted Answer

A)  the right to jointly select the judge who will conduct the trial. 
B)  the ability to avoid the public nature of a traditional trial. 
C)  simplified rules of evidence and procedure. 
D)  all of the above. 
A)  the right to jointly select the judge who will conduct the trial. 
B)  the ability to avoid the public nature of a traditional trial. 
C)  simplified rules of evidence and procedure. 
D)  all of the above.

Question 11

As a factual matter, few civil cases result in trials.

Accepted Answer

A) True 
 B)False

Question 12

Critics of summary jury trials

Accepted Answer

A)  undermine the formal legal process. 
B)  worry that the speedy trial makes the case overwhelming to the jurors. 
C)  violate public policy. 
D)  all of the above. 
A)  undermine the formal legal process. 
B)  worry that the speedy trial makes the case overwhelming to the jurors. 
C)  violate public policy. 
D)  all of the above.

Question 13

If a party rejects the decisions of an arbitrator and decides to go to court, they would have a trial de novo.

Accepted Answer

A) True 
 B)False

Question 14

One of the advantages of using mediation instead of litigation to resolve disputes is that there are normally fewer enforcement problems.

Accepted Answer

A) True 
 B)False

Question 15

Why might attorneys refuse to consider ADR?

Accepted Answer

A)  They worry it will make them look weak. 
B)  They think responding improves their position rather than initiating settlement. 
C)  Because parties might be less honest about settlement amounts. 
D)  All of these answers are correct. 
A)  They worry it will make them look weak. 
B)  They think responding improves their position rather than initiating settlement. 
C)  Because parties might be less honest about settlement amounts. 
D)  All of these answers are correct.

Question 16

Plaintiff brought suit against a defendant for breach of contract.The trial judge, pursuant to the rules of civil procedure in that particular court, referred the court to arbitration prior to trial.The key issue in determining whether the judge can compel arbitration prior to trial will be whether

Accepted Answer

A)  the parties willingly agree to participate in court-annexed ADR. 
B)  the rule compelling arbitration violates the Seventh Amendment right to a jury trial. 
C)  arbitration would be preferable to mediation. 
D)  There is no issue as the Supreme Court has ruled that a trial judge can use whatever means possible to coerce the parties to settle or compel them to be bound by ADR results. 
A)  the parties willingly agree to participate in court-annexed ADR. 
B)  the rule compelling arbitration violates the Seventh Amendment right to a jury trial. 
C)  arbitration would be preferable to mediation. 
D)  There is no issue as the Supreme Court has ruled that a trial judge can use whatever means possible to coerce the parties to settle or compel them to be bound by ADR results.

Question 17

One reason that parties might voluntarily choose ADR is because it could produce a fair result faster than going to trial.

Accepted Answer

A) True 
 B)False

Question 18

Because of the huge number of cases on court dockets

Accepted Answer

A)  many states have established statewide ADR systems 
B)  some states permit local jurisdictions to experiment with forms of ADR. 
C)  both a and b are correct 
D)  none of these answers are correct 
A)  many states have established statewide ADR systems 
B)  some states permit local jurisdictions to experiment with forms of ADR. 
C)  both a and b are correct 
D)  none of these answers are correct

Question 19

Which of the following is NOT true about ADR?

Accepted Answer

A)  The same options are available in every jurisdiction. 
B)  Some state courts require that attorneys tell clients about ADR options. 
C)  Some businesses advertise their participation in ADR to attract clients. 
D)  All of these answers are true. 
A)  The same options are available in every jurisdiction. 
B)  Some state courts require that attorneys tell clients about ADR options. 
C)  Some businesses advertise their participation in ADR to attract clients. 
D)  All of these answers are true.

Question 20

Congress has established a national policy favoring the mediation of lawsuits where the jurisdiction is based on diversity of citizenship.

Accepted Answer

A) True 
 B)False

The Alternative Dispute Resolution Act of 1998

While there are many beliefs about the benefits of ADR,

The procedures of a summary jury trial are

The federal Constitution guarantees access to a jury trial in all civil cases.

Discovery and the rules of evidence are the same on court-annexed arbitration as they would be at trial.

What was the main policy impact of the Federal Arbitration Act?

Which of the following statements about minitrials is false?

Private trials are appropriate

Private trials offer participants many advantages over public trials.Some of these advantages include

As a factual matter, few civil cases result in trials.

Critics of summary jury trials

If a party rejects the decisions of an arbitrator and decides to go to court, they would have a trial de novo.

One of the advantages of using mediation instead of litigation to resolve disputes is that there are normally fewer enforcement problems.

Why might attorneys refuse to consider ADR?

Plaintiff brought suit against a defendant for breach of contract.The trial judge, pursuant to the rules of civil procedure in that particular court, referred the court to arbitration prior to trial.The key issue in determining whether the judge can compel arbitration prior to trial will be whether

One reason that parties might voluntarily choose ADR is because it could produce a fair result faster than going to trial.

Because of the huge number of cases on court dockets

Which of the following is NOT true about ADR?

Congress has established a national policy favoring the mediation of lawsuits where the jurisdiction is based on diversity of citizenship.

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

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Exam 14: Alternative Dispute Resolution

The Alternative Dispute Resolution Act of 1998

While there are many beliefs about the benefits of ADR,

The procedures of a summary jury trial are

The federal Constitution guarantees access to a jury trial in all civil cases.

Discovery and the rules of evidence are the same on court-annexed arbitration as they would be at trial.

What was the main policy impact of the Federal Arbitration Act?

Which of the following statements about minitrials is false?

Private trials are appropriate

Private trials offer participants many advantages over public trials.Some of these advantages include

As a factual matter, few civil cases result in trials.

Critics of summary jury trials

If a party rejects the decisions of an arbitrator and decides to go to court, they would have a trial de novo.

One of the advantages of using mediation instead of litigation to resolve disputes is that there are normally fewer enforcement problems.

Why might attorneys refuse to consider ADR?

Plaintiff brought suit against a defendant for breach of contract.The trial judge, pursuant to the rules of civil procedure in that particular court, referred the court to arbitration prior to trial.The key issue in determining whether the judge can compel arbitration prior to trial will be whether

One reason that parties might voluntarily choose ADR is because it could produce a fair result faster than going to trial.

Because of the huge number of cases on court dockets

Which of the following is NOT true about ADR?

Congress has established a national policy favoring the mediation of lawsuits where the jurisdiction is based on diversity of citizenship.

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