Question 1

A summary jury trial is ________.

Accepted Answer

A) the process of bringing legal action against a person or entity in a court of law 
B) the process of parties explaining their positions to a neutral third party who delivers a judgment within ten days 
C) an alternative dispute resolution method that consists of an abbreviated trial, a nonbinding jury verdict, and a settlement conference 
D) an alternative dispute resolution method in which cases are tried in private by a referee who is empowered by statute to enter a binding judgment 
A) the process of bringing legal action against a person or entity in a court of law 
B) the process of parties explaining their positions to a neutral third party who delivers a judgment within ten days 
C) an alternative dispute resolution method that consists of an abbreviated trial, a nonbinding jury verdict, and a settlement conference 
D) an alternative dispute resolution method in which cases are tried in private by a referee who is empowered by statute to enter a binding judgment

Question 2

Alice and Mary are the two parties in a dispute. They have recently gone through the process of mediation, but Alice is unhappy with the results and wants to go through arbitration. Which of the following statements is true of this scenario?

Accepted Answer

A) The parties decide whether to allow what transpired during mediation to be permitted as evidence in arbitration. 
B) The mediator of this dispute must become the arbitrator as well. 
C) Mary can select the arbitrator if Alice wants to go through arbitration. 
D) The arbitrator can provide a decision that is binding on both Alice and Mary. 
A) The parties decide whether to allow what transpired during mediation to be permitted as evidence in arbitration. 
B) The mediator of this dispute must become the arbitrator as well. 
C) Mary can select the arbitrator if Alice wants to go through arbitration. 
D) The arbitrator can provide a decision that is binding on both Alice and Mary.

Question 3

Blee Scales Inc. and Emerold Inc. are involved in a dispute over a complex matter. They are currently seeking ways to resolve this dispute. Emerold Inc. does not want to abide by a decision from a third party as it feels that the issue is too complicated for outsiders to understand fully. However, it wants to know the likely outcome if the dispute went to trial. Which of the following dispute resolution methods should Emerold Inc. choose?

Accepted Answer

A) minitrials 
B) private trials 
C) arbitration 
D) negotiation and settlement 
A) minitrials 
B) private trials 
C) arbitration 
D) negotiation and settlement

Question 4

Arnold is the in-house counsel of Frankin Inc., a wealthy corporation that is facing a dispute with a consumer. The allegations made by the consumer can be potentially damaging for the corporation. The directors of Frankin want to avoid a trial in court. However, they are likely to get a judgment in their favor as they have a strong case. If Arnold feels that an educated jury will be favorably disposed toward Frankin Inc., which of the following alternative methods of dispute resolution should he recommend?

Accepted Answer

A) private trials 
B) arbitration 
C) mediation 
D) summary jury trials 
A) private trials 
B) arbitration 
C) mediation 
D) summary jury trials

Question 5

Mediation differs from arbitration in that ________.

Accepted Answer

A) a mediator makes no final decision, whereas an arbitrator provides a decision for the parties. 
B) whatever transpires during mediation can be used as evidence in court, but the proceedings of arbitration remain confidential 
C) mediation offers lesser potential for creative solutions than arbitration 
D) a mediator is appointed by a court, whereas an arbitrator is chosen by the disputants 
A) a mediator makes no final decision, whereas an arbitrator provides a decision for the parties. 
B) whatever transpires during mediation can be used as evidence in court, but the proceedings of arbitration remain confidential 
C) mediation offers lesser potential for creative solutions than arbitration 
D) a mediator is appointed by a court, whereas an arbitrator is chosen by the disputants

Question 6

An arbitrator's award may be set aside if the arbitrator exceeded his or her authority in making the award.

Accepted Answer

A) True 
 B)False

Question 7

Gemeni Inc. has acquired land adjacent to a forest region to construct a manufacturing plant. This has led to a dispute with the land owners of that region. Gemeni also expects various environmental groups to become involved in the dispute. If it wants to have a good relationship with these parties, which of the following methods of dispute resolution should it choose?

Accepted Answer

A) private trial 
B) litigation 
C) arbitration 
D) mediation 
A) private trial 
B) litigation 
C) arbitration 
D) mediation

Question 8

An arbitrator's decision is called an award only if monetary compensation is ordered.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is a characteristic of minitrials?

Accepted Answer

A) Minitrials are unsuitable for complex matters. 
B) The neutral adviser in minitrials is given the authority to settle a case if the corporate executives cannot resolve it. 
C) Minitrials are likely to harm the relationship between the disputants as there is no direct communication between them. 
D) Minitrials are generally held to appeal an arbitrator's decision. 
A) Minitrials are unsuitable for complex matters. 
B) The neutral adviser in minitrials is given the authority to settle a case if the corporate executives cannot resolve it. 
C) Minitrials are likely to harm the relationship between the disputants as there is no direct communication between them. 
D) Minitrials are generally held to appeal an arbitrator's decision.

Question 10

Charlie was involved in an automobile accident and wants to file a lawsuit. However, he would like to know what judgment a jury is likely to reach before involving himself in an expensive trial. If Charlie has limited time and resources to decide whether to file a case, which of the following should he choose?

Accepted Answer

A) private jury trial 
B) summary jury trial 
C) arbitration 
D) mediation 
A) private jury trial 
B) summary jury trial 
C) arbitration 
D) mediation

Question 11

In ________, the neutral third party makes no final decision.

Accepted Answer

A) mediation 
B) arbitration 
C) private trials 
D) summary jury trials 
A) mediation 
B) arbitration 
C) private trials 
D) summary jury trials

Question 12

If a dispute goes to trial, statements made in the summary jury trial can be used as evidence.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is a difference between a private jury trial and summary jury trial?

Accepted Answer

A) A summary jury trial lasts only for a day, whereas a private jury trial usually lasts longer. 
B) The jurors in a summary jury trial are aware that their decision is not binding, unlike in a private jury trial. 
C) A summary jury trial ensures confidentiality, whereas a private jury trial does not. 
D) A summary jury trial can lead to the development of a two-tier system of justice, unlike that of a private jury trial. 
A) A summary jury trial lasts only for a day, whereas a private jury trial usually lasts longer. 
B) The jurors in a summary jury trial are aware that their decision is not binding, unlike in a private jury trial. 
C) A summary jury trial ensures confidentiality, whereas a private jury trial does not. 
D) A summary jury trial can lead to the development of a two-tier system of justice, unlike that of a private jury trial.

Question 14

The critics of mediation argue that it creates an impression of equality even when none exists.

Accepted Answer

A) True 
 B)False

Question 15

What are the common uses of arbitration?

Accepted Answer

Arbitration is frequently used to resolv

Question 16

Which of the following is true of a mediator?

Accepted Answer

A) A mediator should arrive at a final decision. 
B) A mediator can be obtained from the local bar association. 
C) A person who does not have a background in law is generally preferred as a mediator. 
D) If the mediator is not from a governmental organization, the agreement signed during mediation is not valid. 
A) A mediator should arrive at a final decision. 
B) A mediator can be obtained from the local bar association. 
C) A person who does not have a background in law is generally preferred as a mediator. 
D) If the mediator is not from a governmental organization, the agreement signed during mediation is not valid.

Question 17

The federal circuit courts had already implemented ADR programs before Congress enacted the ADR Act of 1998.

Accepted Answer

A) True 
 B)False

Question 18

According to the National Consumer Arbitration Program, arbitrators can award damages for personal injuries suffered as a result of a defective product.

Accepted Answer

A) True 
 B)False

Question 19

The neutral third party in a(n) ________ ADR method provides an opinion on the strengths and weaknesses of a case.

Accepted Answer

A) private trial 
B) early neutral case evaluation 
C) arbitration 
D) litigation 
A) private trial 
B) early neutral case evaluation 
C) arbitration 
D) litigation

Question 20

A summary jury trial generally consists of 24 people.

Accepted Answer

A) True 
 B)False

Exam 4: Alternative Tools of Dispute Resolution

A summary jury trial is ________.

Alice and Mary are the two parties in a dispute. They have recently gone through the process of mediation, but Alice is unhappy with the results and wants to go through arbitration. Which of the following statements is true of this scenario?

Mediation differs from arbitration in that ________.

An arbitrator's award may be set aside if the arbitrator exceeded his or her authority in making the award.

An arbitrator's decision is called an award only if monetary compensation is ordered.

Which of the following statements is a characteristic of minitrials?

In ________, the neutral third party makes no final decision.

If a dispute goes to trial, statements made in the summary jury trial can be used as evidence.

Which of the following is a difference between a private jury trial and summary jury trial?

The critics of mediation argue that it creates an impression of equality even when none exists.

What are the common uses of arbitration?

Which of the following is true of a mediator?

The federal circuit courts had already implemented ADR programs before Congress enacted the ADR Act of 1998.

According to the National Consumer Arbitration Program, arbitrators can award damages for personal injuries suffered as a result of a defective product.

The neutral third party in a(n) ________ ADR method provides an opinion on the strengths and weaknesses of a case.

A summary jury trial generally consists of 24 people.

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales—I

The Law of Contracts and Sales—II

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations

Law and Business Associations

The Law of Administrative Agencies

The Employment Relationship

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor Creditor Relations and Consumer Protection

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