Question 1

What are the ethical concerns of a paralegal discussing settlement with a client?

Accepted Answer

A paralegal may not make or ac

Question 2

Arbitration ​

Accepted Answer

A)  ​ is less formal than mediation. 
B)  ​ imposes a burden of persuasion. 
C)  ​ is adversarial. 
D)  ​ is always voluntary. 
A)  ​ is less formal than mediation. 
B)  ​ imposes a burden of persuasion. 
C)  ​ is adversarial. 
D)  ​ is always voluntary.

Question 3

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal ​

Accepted Answer

A)  needs to be cautious about revealing too much information. ​ 
B)  ​ has no need to seek the guidance of the attorney. 
C)  ​ has no need to be concerned about revealing confidential information. 
D)  ​ has no need to be concerned about any embarrassment to the client. 
A)  needs to be cautious about revealing too much information. ​ 
B)  ​ has no need to seek the guidance of the attorney. 
C)  ​ has no need to be concerned about revealing confidential information. 
D)  ​ has no need to be concerned about any embarrassment to the client.

Question 4

Arbitration usually takes less time than a trial.

Accepted Answer

A) True 
 B)False

Question 5

The decision to accept settlement is made by the ​

Accepted Answer

A)  judge. ​ 
B)  ​ attorney. 
C)  ​ client. 
D)  ​ mediator. 
A)  judge. ​ 
B)  ​ attorney. 
C)  ​ client. 
D)  ​ mediator.

Question 6

Which of the following example damage calculation formulas is not correct? ​

Accepted Answer

A)  ​ Future medical costs: current daily cost times the number of days needed per year times the number of years times adjustments for growth in medical cost and reduced for present cash value 
B)  ​ Future wages cost if victim deceased: most recent normal year's wages times years of work expectancy times percent reduction to present cash value 
C)  ​ Personal property damage if item destroyed: market value less salvage 
D)  ​ Real property, temporary damage: reduction in rental or other profit value plus injury to crops, buildings, and improvements plus restoration costs plus any applicable interest 
A)  ​ Future medical costs: current daily cost times the number of days needed per year times the number of years times adjustments for growth in medical cost and reduced for present cash value 
B)  ​ Future wages cost if victim deceased: most recent normal year's wages times years of work expectancy times percent reduction to present cash value 
C)  ​ Personal property damage if item destroyed: market value less salvage 
D)  ​ Real property, temporary damage: reduction in rental or other profit value plus injury to crops, buildings, and improvements plus restoration costs plus any applicable interest

Question 7

Paralegal tasks for ADR are similar to those for trial.

Accepted Answer

A) True 
 B)False

Question 8

A client may be required to attend the pretrial conference.

Accepted Answer

A) True 
 B)False

Question 9

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

Accepted Answer

A) True 
 B)False

Question 10

Mediation focuses on future rather than past conduct.

Accepted Answer

A) True 
 B)False

Question 11

International business disputes ​

Accepted Answer

A)  always go to trial. ​ 
B)  ​ are negotiated privately because there are no international arbitration rules. 
C)  ​ are all subject to United Nations rules. 
D)  ​ are subject to arbitration clauses in about 80 percent of international business agreements. 
A)  always go to trial. ​ 
B)  ​ are negotiated privately because there are no international arbitration rules. 
C)  ​ are all subject to United Nations rules. 
D)  ​ are subject to arbitration clauses in about 80 percent of international business agreements.

Question 12

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to ​

Accepted Answer

A)  ​ docket reminders of the date of the conference for both attorney and paralegal. 
B)  ​ see that client has signed all needed authorizations. 
C)  prepare summaries and gather supporting documents and legal memoranda for the attorney to take to conference. ​ 
D)  ​ advise client on what a reasonable settlement range will be. 
A)  ​ docket reminders of the date of the conference for both attorney and paralegal. 
B)  ​ see that client has signed all needed authorizations. 
C)  prepare summaries and gather supporting documents and legal memoranda for the attorney to take to conference. ​ 
D)  ​ advise client on what a reasonable settlement range will be.

Question 13

A settlement brochure is more effective if it has an emotional impact.

Accepted Answer

A) True 
 B)False

Question 14

Early case assessment reduces discovery costs.

Accepted Answer

A) True 
 B)False

Question 15

Calculating damages does not include ​

Accepted Answer

A)  losses that occurred before the cause of action. ​ 
B)  ​ losses that occurred since the cause of action. 
C)  ​ losses that are anticipated but have not yet occurred. 
D)  ​ hedonic damages. 
A)  losses that occurred before the cause of action. ​ 
B)  ​ losses that occurred since the cause of action. 
C)  ​ losses that are anticipated but have not yet occurred. 
D)  ​ hedonic damages.

Question 16

Rules for mediation arise from ​

Accepted Answer

A)  state rules of procedure. ​ 
B)  ​ Federal Rule 38. 
C)  ​ the court. 
D)  ​ the participants. 
A)  state rules of procedure. ​ 
B)  ​ Federal Rule 38. 
C)  ​ the court. 
D)  ​ the participants.

Question 17

A trial de novo is a ​

Accepted Answer

A)  ​ trial as if no previous hearing or arbitration had been held. 
B)  ​ trial before a novice judge. 
C)  ​ form of arbitration. 
D)  ​ highly publicized trial. 
A)  ​ trial as if no previous hearing or arbitration had been held. 
B)  ​ trial before a novice judge. 
C)  ​ form of arbitration. 
D)  ​ highly publicized trial.

Question 18

Pain and suffering is the same as loss of enjoyment of life.

Accepted Answer

A) True 
 B)False

Question 19

An arbitration hearing is similar to a trial, but more informal.

Accepted Answer

A) True 
 B)False

Question 20

Collaborative law is the process of ​

Accepted Answer

A)  attorneys for opposing sides agreeing to work together for a settlement. ​ 
B)  ​ attorneys and paralegals working together for a settlement advantageous to their client. 
C)  ​ a judge working with both sides to reach settlement. 
D)  ​ mediators working with attorneys to reach settlement. 
A)  attorneys for opposing sides agreeing to work together for a settlement. ​ 
B)  ​ attorneys and paralegals working together for a settlement advantageous to their client. 
C)  ​ a judge working with both sides to reach settlement. 
D)  ​ mediators working with attorneys to reach settlement.

What are the ethical concerns of a paralegal discussing settlement with a client?

Arbitration

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal

Arbitration usually takes less time than a trial.

The decision to accept settlement is made by the

Which of the following example damage calculation formulas is not correct?

Paralegal tasks for ADR are similar to those for trial.

A client may be required to attend the pretrial conference.

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

Mediation focuses on future rather than past conduct.

International business disputes

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to

A settlement brochure is more effective if it has an emotional impact.

Early case assessment reduces discovery costs.

Calculating damages does not include

Rules for mediation arise from

A trial de novo is a

Pain and suffering is the same as loss of enjoyment of life.

An arbitration hearing is similar to a trial, but more informal.

Collaborative law is the process of

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

What are the ethical concerns of a paralegal discussing settlement with a client?

Arbitration ​

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal ​

Arbitration usually takes less time than a trial.

The decision to accept settlement is made by the ​

Which of the following example damage calculation formulas is not correct? ​

Paralegal tasks for ADR are similar to those for trial.

A client may be required to attend the pretrial conference.

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

Mediation focuses on future rather than past conduct.

International business disputes ​

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to ​

A settlement brochure is more effective if it has an emotional impact.

Early case assessment reduces discovery costs.

Calculating damages does not include ​

Rules for mediation arise from ​

A trial de novo is a ​

Pain and suffering is the same as loss of enjoyment of life.

An arbitration hearing is similar to a trial, but more informal.

Collaborative law is the process of ​

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

Arbitration

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal

The decision to accept settlement is made by the

Which of the following example damage calculation formulas is not correct?

International business disputes

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to

Calculating damages does not include

Rules for mediation arise from

A trial de novo is a

Collaborative law is the process of