Question 1

Arbitration decisions cannot be appealed to the courts.

Accepted Answer

A) True 
 B)False  False

Question 2

Why is it important to have the client sign an authorization for the attorney to settle? ​

Accepted Answer

It allows the attorney to negotiate in good faith and is required by court decisions and rules.

Question 3

A high-low agreement is the usual result of mediation.

Accepted Answer

A) True 
 B)False  False

Question 4

The settlement brochure ​

Accepted Answer

A)  should be informal, like a family scrapbook. ​ 
B)  ​ tells the opposition that you are ready and will likely win. 
C)  ​ should avoid using statements of doctors and witnesses that advocate the deserving nature of the client. 
D)  ​ is most effective if it is no longer than two pages. 
A)  should be informal, like a family scrapbook. ​ 
B)  ​ tells the opposition that you are ready and will likely win. 
C)  ​ should avoid using statements of doctors and witnesses that advocate the deserving nature of the client. 
D)  ​ is most effective if it is no longer than two pages.

Question 5

Voluntary arbitration ​

Accepted Answer

A)  is controlled by the courts. ​ 
B)  ​ allows parties to set guidelines. 
C)  ​ is always binding. 
D)  ​ is a very formal process. 
A)  is controlled by the courts. ​ 
B)  ​ allows parties to set guidelines. 
C)  ​ is always binding. 
D)  ​ is a very formal process.

Question 6

Producing a settlement brochure ​

Accepted Answer

A)  ​ is too expensive for most cases. 
B)  ​ must be done by professional printers. 
C)  ​ is not a good use of resources if liability is unclear. 
D)  ​ requires avoidance of emotional issues. 
A)  ​ is too expensive for most cases. 
B)  ​ must be done by professional printers. 
C)  ​ is not a good use of resources if liability is unclear. 
D)  ​ requires avoidance of emotional issues.

Question 7

Define mandatory arbitration clause and state the concerns stemming from the expanded use of such clauses.

Accepted Answer

The clause is an agreement whereby one p

Question 8

List three types of settlement requests from least to most expensive.

Accepted Answer

Settlement

Question 9

Federal Rule 41(a)(1) and parallel state rules ​

Accepted Answer

A)  permit the plaintiff's application for an order to dismiss an action only if it comes prior to the serving of the answer. ​ 
B)  ​ permit the application for an order to dismiss an action after the answer is served if both parties stipulate to the dismissal. 
C)  ​ require the judge to approve the terms of settlement. 
D)  ​ require a consent decree and order. 
A)  permit the plaintiff's application for an order to dismiss an action only if it comes prior to the serving of the answer. ​ 
B)  ​ permit the application for an order to dismiss an action after the answer is served if both parties stipulate to the dismissal. 
C)  ​ require the judge to approve the terms of settlement. 
D)  ​ require a consent decree and order.

Question 10

A pretrial conference ​

Accepted Answer

A)  ​ is governed by Rule 13 in the federal rules. 
B)  ​ is designed to narrow the issues for trial. 
C)  ​ may not be used to encourage settlement. 
D)  ​ cannot be used to judicially manage the case. 
A)  ​ is governed by Rule 13 in the federal rules. 
B)  ​ is designed to narrow the issues for trial. 
C)  ​ may not be used to encourage settlement. 
D)  ​ cannot be used to judicially manage the case.

Question 11

There is no burden of persuasion in mediation.

Accepted Answer

A) True 
 B)False

Question 12

Verdicts in summary jury trials are binding.

Accepted Answer

A) True 
 B)False

Question 13

A letter may be a sufficient settlement request in small cases.

Accepted Answer

A) True 
 B)False

Question 14

Court-annexed arbitration ​

Accepted Answer

A)  ​ may end in mediation. 
B)  ​ may end in a trial de novo. 
C)  ​ must be requested by parties. 
D)  ​ is required in all federal cases. 
A)  ​ may end in mediation. 
B)  ​ may end in a trial de novo. 
C)  ​ must be requested by parties. 
D)  ​ is required in all federal cases.

Question 15

Mediation is not suitable in complex cases.

Accepted Answer

A) True 
 B)False

Question 16

Discovery is not available in arbitration.

Accepted Answer

A) True 
 B)False

Question 17

The defense usually prepares a settlement brochure.

Accepted Answer

A) True 
 B)False

Question 18

An adjudication on the merits leaves issues that can be brought up at trial.

Accepted Answer

A) True 
 B)False

Question 19

If a plaintiff has not seen a doctor, used home remedies, or missed work, that plaintiff's injury claim is suspect.

Accepted Answer

A) True 
 B)False

Question 20

The primary role of the paralegal in the settlement process is to ​

Accepted Answer

A)  negotiate with the adverse party. ​ 
B)  ​ organize information. 
C)  ​ put information in a persuasive, presentable format. 
D)  ​ arbitrate the case. 
A)  negotiate with the adverse party. ​ 
B)  ​ organize information. 
C)  ​ put information in a persuasive, presentable format. 
D)  ​ arbitrate the case.

Arbitration decisions cannot be appealed to the courts.

Why is it important to have the client sign an authorization for the attorney to settle?

A high-low agreement is the usual result of mediation.

The settlement brochure

Voluntary arbitration

Producing a settlement brochure

Define mandatory arbitration clause and state the concerns stemming from the expanded use of such clauses.

List three types of settlement requests from least to most expensive.

Federal Rule 41(a)(1) and parallel state rules

A pretrial conference

There is no burden of persuasion in mediation.

Verdicts in summary jury trials are binding.

A letter may be a sufficient settlement request in small cases.

Court-annexed arbitration

Mediation is not suitable in complex cases.

Discovery is not available in arbitration.

The defense usually prepares a settlement brochure.

An adjudication on the merits leaves issues that can be brought up at trial.

If a plaintiff has not seen a doctor, used home remedies, or missed work, that plaintiff's injury claim is suspect.

The primary role of the paralegal in the settlement process is to

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

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Exam 10: Settlement and Other Alternative Dispute Resolutions

Arbitration decisions cannot be appealed to the courts.

Why is it important to have the client sign an authorization for the attorney to settle? ​

A high-low agreement is the usual result of mediation.

The settlement brochure ​

Voluntary arbitration ​

Producing a settlement brochure ​

Define mandatory arbitration clause and state the concerns stemming from the expanded use of such clauses.

List three types of settlement requests from least to most expensive.

Federal Rule 41(a)(1) and parallel state rules ​

A pretrial conference ​

There is no burden of persuasion in mediation.

Verdicts in summary jury trials are binding.

A letter may be a sufficient settlement request in small cases.

Court-annexed arbitration ​

Mediation is not suitable in complex cases.

Discovery is not available in arbitration.

The defense usually prepares a settlement brochure.

An adjudication on the merits leaves issues that can be brought up at trial.

If a plaintiff has not seen a doctor, used home remedies, or missed work, that plaintiff's injury claim is suspect.

The primary role of the paralegal in the settlement process is to ​

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

Discovery and Electronic Discovery: Overview and Interrogatories

Discovery: Depositions

Discovery: Document Production and Control, Medical Exams, Admissions

Trial Preparation and Trial

Post-Trial Practice From Motions to Appeal

Filters

Why is it important to have the client sign an authorization for the attorney to settle?

The settlement brochure

Voluntary arbitration

Producing a settlement brochure

Federal Rule 41(a)(1) and parallel state rules

A pretrial conference

Court-annexed arbitration

The primary role of the paralegal in the settlement process is to