Question 1

How does summary trial lead to settlement?

Accepted Answer

It shows which side

Question 2

A party's social standing is not involved in the settlement process.

Accepted Answer

A) True 
 B)False

Question 3

The settlement brochure should include the ​

Accepted Answer

A)  personal history of plaintiff. ​ 
B)  ​ medical history of defendant. 
C)  ​ pleadings. 
D)  ​ motions. 
A)  personal history of plaintiff. ​ 
B)  ​ medical history of defendant. 
C)  ​ pleadings. 
D)  ​ motions.

Question 4

Future losses are not valid damage claims.

Accepted Answer

A) True 
 B)False

Question 5

When an action is dismissed with prejudice, the action ​

Accepted Answer

A)  ​ may not be brought again. 
B)  ​ may be brought again. 
C)  ​ must be arbitrated. 
D)  ​ must be mediated. 
A)  ​ may not be brought again. 
B)  ​ may be brought again. 
C)  ​ must be arbitrated. 
D)  ​ must be mediated.

Question 6

Pain and suffering is an example of exemplary damages.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following are true of arbitration, and which are true of mediation? 
a. uses statement of claim 
b. parties reach mutual agreement 
c. burden of persuasion is set 
d. is more adversarial 
e. focuses on future rather than past conduct 
f. can be voluntary or mandatory 
g. less formal

Accepted Answer

Arbitratio

Question 8

The focus of a settlement conference is broader than that of a pretrial conference.

Accepted Answer

A) True 
 B)False

Question 9

The settlement request usually comes from the plaintiff.

Accepted Answer

A) True 
 B)False

Question 10

A well-prepared settlement proposal usually ​

Accepted Answer

A)  prolongs a case. ​ 
B)  ​ is unproductive. 
C)  ​ assists in the preparation for trial. 
D)  ​ is of little value in preparing for trial. 
A)  prolongs a case. ​ 
B)  ​ is unproductive. 
C)  ​ assists in the preparation for trial. 
D)  ​ is of little value in preparing for trial.

Question 11

Federal courts discourage ADR.

Accepted Answer

A) True 
 B)False

Question 12

The paralegal should keep the insurance adjuster informed.

Accepted Answer

A) True 
 B)False

Question 13

Mediation ​

Accepted Answer

A)  ​ is adversarial. 
B)  ​ can be voluntary or mandatory. 
C)  ​ is a formal courtroom process. 
D)  ​ requires a burden of proof. 
A)  ​ is adversarial. 
B)  ​ can be voluntary or mandatory. 
C)  ​ is a formal courtroom process. 
D)  ​ requires a burden of proof.

Question 14

Alternative dispute resolution ​

Accepted Answer

A)  ​ is seldom successful. 
B)  ​ is growing as an alternative to trial. 
C)  ​ does not work in family disputes. 
D)  ​ is expensive. 
A)  ​ is seldom successful. 
B)  ​ is growing as an alternative to trial. 
C)  ​ does not work in family disputes. 
D)  ​ is expensive.

Question 15

An offer of judgment shifts trial costs to an unreasonable party.

Accepted Answer

A) True 
 B)False

Question 16

What is court-annexed arbitration?

Accepted Answer

The court controls the process

Question 17

Because they communicate most closely with clients, paralegals are best equipped to accept offers of settlement.

Accepted Answer

A) True 
 B)False

Question 18

Appeal from an arbitration decision is ​

Accepted Answer

A)  ​ limited to the National Arbitration Board. 
B)  ​ based on a wide array of grounds. 
C)  ​ usually successful. 
A)  ​ limited to the National Arbitration Board. 
B)  ​ based on a wide array of grounds. 
C)  ​ usually successful.

Question 19

It is best to prepare a settlement proposal ​

Accepted Answer

A)  even before investigation. ​ 
B)  ​ as early in the case as investigation and discovery will permit. 
C)  ​ just before the final pretrial conference. 
D)  ​ just before trial. 
A)  even before investigation. ​ 
B)  ​ as early in the case as investigation and discovery will permit. 
C)  ​ just before the final pretrial conference. 
D)  ​ just before trial.

Question 20

All witnesses must attend pretrial conferences.

Accepted Answer

A) True 
 B)False

How does summary trial lead to settlement?

A party's social standing is not involved in the settlement process.

The settlement brochure should include the

Future losses are not valid damage claims.

When an action is dismissed with prejudice, the action

Pain and suffering is an example of exemplary damages.

Which of the following are true of arbitration, and which are true of mediation? a. uses statement of claim b. parties reach mutual agreement c. burden of persuasion is set d. is more adversarial e. focuses on future rather than past conduct f. can be voluntary or mandatory g. less formal

The focus of a settlement conference is broader than that of a pretrial conference.

The settlement request usually comes from the plaintiff.

A well-prepared settlement proposal usually

Federal courts discourage ADR.

The paralegal should keep the insurance adjuster informed.

Mediation

Alternative dispute resolution

An offer of judgment shifts trial costs to an unreasonable party.

What is court-annexed arbitration?

Because they communicate most closely with clients, paralegals are best equipped to accept offers of settlement.

Appeal from an arbitration decision is

It is best to prepare a settlement proposal

All witnesses must attend pretrial conferences.

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

How does summary trial lead to settlement?

A party's social standing is not involved in the settlement process.

The settlement brochure should include the ​

Future losses are not valid damage claims.

When an action is dismissed with prejudice, the action ​

Pain and suffering is an example of exemplary damages.

Which of the following are true of arbitration, and which are true of mediation? a. uses statement of claim b. parties reach mutual agreement c. burden of persuasion is set d. is more adversarial e. focuses on future rather than past conduct f. can be voluntary or mandatory g. less formal

The focus of a settlement conference is broader than that of a pretrial conference.

The settlement request usually comes from the plaintiff.

A well-prepared settlement proposal usually ​

Federal courts discourage ADR.

The paralegal should keep the insurance adjuster informed.

Mediation ​

Alternative dispute resolution ​

An offer of judgment shifts trial costs to an unreasonable party.

What is court-annexed arbitration?

Because they communicate most closely with clients, paralegals are best equipped to accept offers of settlement.

Appeal from an arbitration decision is ​

It is best to prepare a settlement proposal ​

All witnesses must attend pretrial conferences.

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

The settlement brochure should include the

When an action is dismissed with prejudice, the action

A well-prepared settlement proposal usually

Mediation

Alternative dispute resolution

Appeal from an arbitration decision is

It is best to prepare a settlement proposal