Question 1

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

Accepted Answer

The answer of A third party usually selected by just...

Question 2

Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years.

Accepted Answer

A) True 
 B)False

Question 3

The adversary system

Accepted Answer

A) reflects the idea that competition is a bad way to get at the truth. 
B) requires that each party to a dispute is primarily responsible for providing evidence to support that party's position in the dispute. 
C) compels the judge to take sides during the course of the case. 
D) all of the above 
A) reflects the idea that competition is a bad way to get at the truth. 
B) requires that each party to a dispute is primarily responsible for providing evidence to support that party's position in the dispute. 
C) compels the judge to take sides during the course of the case. 
D) all of the above

Question 4

Explain the fundamental differences between civil court, negotiation, mediation, and arbitration.

Accepted Answer

(Use the chart on pa

Question 5

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

Accepted Answer

The answer of ________________ may be defined as communication for...

Question 6

The main difference between an attorney and a lawyer is that the attorney may practice law in courtrooms, whereas the lawyer may not.

Accepted Answer

A) True 
 B)False

Question 7

A party to a case can lawfully represent him or herself, but cannot represent others without a license to practice law.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is a commonly accepted attribute of a profession?

Accepted Answer

A) some examination or internship to assure competence. 
B) position based on status or birthright 
C) contempt for written rules of ethics. 
D) fee schedules fixed by statute 
A) some examination or internship to assure competence. 
B) position based on status or birthright 
C) contempt for written rules of ethics. 
D) fee schedules fixed by statute

Question 9

As a means of reducing tension in a mediation, the mediator may meet with the parties individually and keep their confidences using a

Accepted Answer

A) caucus. 
B) mini-trial. 
C) med-arb. 
D) conciliation. 
A) caucus. 
B) mini-trial. 
C) med-arb. 
D) conciliation.

Question 10

Explain the attorney-client privilege in the light of the fiduciary duty owed a client.

Accepted Answer

A fiduciary duty is the general duty of

Question 11

If an attorney allocates time to pro bono publico service, she or he

Accepted Answer

A) counsels clients who are referred by other professionals. 
B) provides some legal services free of charge to indigent clients. 
C) works for the government or as a professor at a university or college. 
D) provides all services for a set standard fee. 
A) counsels clients who are referred by other professionals. 
B) provides some legal services free of charge to indigent clients. 
C) works for the government or as a professor at a university or college. 
D) provides all services for a set standard fee.

Question 12

In England, lawyers are divided into two groups, solicitors, who represent and advise clients, and barristers, who are selected by solicitors to present a client's case in adversary proceedings, whereas in the United States lawyers are licensed to perform both functions.

Accepted Answer

A) True 
 B)False

Question 13

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?

Accepted Answer

A) If the party sues on a contract with an arbitration clause they are deemed to forfeit the dispute. 
B) Because one of the parties began the judicial process the judicial process must be completed before any arbitration can proceed. 
C) If the party sued rather than began the arbitration, the case can no longer be arbitrated. 
D) You have options. You could either answer the lawsuit and continue in litigation or make a motion to the court to compel arbitration. 
A) If the party sues on a contract with an arbitration clause they are deemed to forfeit the dispute. 
B) Because one of the parties began the judicial process the judicial process must be completed before any arbitration can proceed. 
C) If the party sued rather than began the arbitration, the case can no longer be arbitrated. 
D) You have options. You could either answer the lawsuit and continue in litigation or make a motion to the court to compel arbitration.

Question 14

One major requirement of the adversary system is that the aggrieved party not merely an observer, must be the one to initiate and pursue available legal remedies.

Accepted Answer

A) True 
 B)False

Question 15

Discuss the advantages and disadvantages of an attorney-client contingency-fee agreement.

Accepted Answer

Advantages: a. It provides access to an

Question 16

One of the advantages of mediation over arbitration is that

Accepted Answer

A) the parties retain the power and control over the dispute. 
B) the mediator has the power and control over the dispute. 
C) in mediation an outcome or decision is certain to occur at the end of the mediation. 
D) the procedures and structure of a mediation process are generally more rigid than in an arbitration process. 
A) the parties retain the power and control over the dispute. 
B) the mediator has the power and control over the dispute. 
C) in mediation an outcome or decision is certain to occur at the end of the mediation. 
D) the procedures and structure of a mediation process are generally more rigid than in an arbitration process.

Question 17

For legal disputes between parties, why is arbitration often considered advantageous over litigation?

Accepted Answer

​Arbitration is usually faster and less

Question 18

An example of a public attorney is a prosecutor.

Accepted Answer

A) True 
 B)False

Question 19

Depending upon the case, attorneys may charge for their services in which of the ways?

Accepted Answer

A) hourly rate 
B) flat fee for the matter involved 
C) share in the net recovery, if any 
D) any of the above 
A) hourly rate 
B) flat fee for the matter involved 
C) share in the net recovery, if any 
D) any of the above

Question 20

Which of the following best describes the attorney-client privilege?

Accepted Answer

A) An attorney cannot be compelled to, nor volunteer to, reveal confidential communications made by the client to the attorney. 
B) A client cannot be compelled to testify against him or herself. 
C) Every person has a constitutional right to the services of an attorney, and if he or she cannot afford the attorney the court must provide a publicly paid one for the person. 
D) Neither an attorney nor a client can be compelled to testify against the other. 
A) An attorney cannot be compelled to, nor volunteer to, reveal confidential communications made by the client to the attorney. 
B) A client cannot be compelled to testify against him or herself. 
C) Every person has a constitutional right to the services of an attorney, and if he or she cannot afford the attorney the court must provide a publicly paid one for the person. 
D) Neither an attorney nor a client can be compelled to testify against the other.

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years.

The adversary system

Explain the fundamental differences between civil court, negotiation, mediation, and arbitration.

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

The main difference between an attorney and a lawyer is that the attorney may practice law in courtrooms, whereas the lawyer may not.

A party to a case can lawfully represent him or herself, but cannot represent others without a license to practice law.

Which of the following is a commonly accepted attribute of a profession?

As a means of reducing tension in a mediation, the mediator may meet with the parties individually and keep their confidences using a

Explain the attorney-client privilege in the light of the fiduciary duty owed a client.

If an attorney allocates time to pro bono publico service, she or he

In England, lawyers are divided into two groups, solicitors, who represent and advise clients, and barristers, who are selected by solicitors to present a client's case in adversary proceedings, whereas in the United States lawyers are licensed to perform both functions.

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?

One major requirement of the adversary system is that the aggrieved party not merely an observer, must be the one to initiate and pursue available legal remedies.

Discuss the advantages and disadvantages of an attorney-client contingency-fee agreement.

One of the advantages of mediation over arbitration is that

For legal disputes between parties, why is arbitration often considered advantageous over litigation?

An example of a public attorney is a prosecutor.

Depending upon the case, attorneys may charge for their services in which of the ways?

Which of the following best describes the attorney-client privilege?

Introduction to Law

The Constitution

The Court System

Administrative Law

Crimes: Public Wrongs

Torts: Private Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters

Exam 4: Attorney-Client Relationship and Dispute Resolution

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years.

The adversary system

Explain the fundamental differences between civil court, negotiation, mediation, and arbitration.

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

The main difference between an attorney and a lawyer is that the attorney may practice law in courtrooms, whereas the lawyer may not.

A party to a case can lawfully represent him or herself, but cannot represent others without a license to practice law.

Which of the following is a commonly accepted attribute of a profession?

As a means of reducing tension in a mediation, the mediator may meet with the parties individually and keep their confidences using a

Explain the attorney-client privilege in the light of the fiduciary duty owed a client.

If an attorney allocates time to pro bono publico service, she or he

In England, lawyers are divided into two groups, solicitors, who represent and advise clients, and barristers, who are selected by solicitors to present a client's case in adversary proceedings, whereas in the United States lawyers are licensed to perform both functions.

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?

One major requirement of the adversary system is that the aggrieved party not merely an observer, must be the one to initiate and pursue available legal remedies.

Discuss the advantages and disadvantages of an attorney-client contingency-fee agreement.

One of the advantages of mediation over arbitration is that

For legal disputes between parties, why is arbitration often considered advantageous over litigation?

An example of a public attorney is a prosecutor.

Depending upon the case, attorneys may charge for their services in which of the ways?

Which of the following best describes the attorney-client privilege?

Introduction to Law

The Constitution

The Court System

Administrative Law

Crimes: Public Wrongs

Torts: Private Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters