Question 1

The first stage of the arbitration process is the filing of a submission.

Accepted Answer

A) True 
 B)False

Question 2

A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit.

Accepted Answer

A) True 
 B)False

Question 3

The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried.

Accepted Answer

A) True 
 B)False

Question 4

After the close of an arbitration hearing, the arbitrator:

Accepted Answer

A)  grants an injunction against the losing party 
B)  orders specific performance by the losing party 
C)  requires the parties to negotiate a settlement within specific boundaries 
D)  determines an award 
E)  all of the other choices are common results 
A)  grants an injunction against the losing party 
B)  orders specific performance by the losing party 
C)  requires the parties to negotiate a settlement within specific boundaries 
D)  determines an award 
E)  all of the other choices are common results

Question 5

A counterclaim is:

Accepted Answer

A)  the denial by the defendant of the plaintiff's complaint 
B)  an additional claim by the plaintiff added on the original complaint 
C)  a request for a judgment notwithstanding the verdict 
D)  the same as a demurrer 
E)  none of the other choices 
A)  the denial by the defendant of the plaintiff's complaint 
B)  an additional claim by the plaintiff added on the original complaint 
C)  a request for a judgment notwithstanding the verdict 
D)  the same as a demurrer 
E)  none of the other choices

Question 6

A party receiving written interrogatories prepares answers:

Accepted Answer

A)  without any influence from another person 
B)  with the help of other witnesses from the same case 
C)  with an attorney's help if desired 
D)  need not sign them under oath 
E)  all of the other choices are acceptable 
A)  without any influence from another person 
B)  with the help of other witnesses from the same case 
C)  with an attorney's help if desired 
D)  need not sign them under oath 
E)  all of the other choices are acceptable

Question 7

Fact Pattern 3-1
Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
-Refer to Fact Pattern 3-1. What is the likelihood that Amanda will be able to depose the president of Musclematic or obtain an interrogatory?

Accepted Answer

A)  wholly unlikely 
B)  maybe, but almost certainly not 
C)  slightly likely 
D)  very likely 
E)  forget it, she couldn't depose the president if her life depended upon it 
A)  wholly unlikely 
B)  maybe, but almost certainly not 
C)  slightly likely 
D)  very likely 
E)  forget it, she couldn't depose the president if her life depended upon it

Question 8

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. After Ellen receives her determination from the arbitrators, James decides that the arbitrator was wrong in his understanding of the brokerage agreement. James decides to appeal the decision of the arbitrators. In this case:

Accepted Answer

A)  he may not appeal the decision 
B)  only Ellen may appeal the decision 
C)  he may appeal to a court, but he is unlikely to win 
D)  he may appeal only to the New York Stock Exchange 
E)  none of the other choices 
A)  he may not appeal the decision 
B)  only Ellen may appeal the decision 
C)  he may appeal to a court, but he is unlikely to win 
D)  he may appeal only to the New York Stock Exchange 
E)  none of the other choices

Question 9

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

Accepted Answer

A)  an answer 
B)  an interrogatory 
C)  a counterclaim 
D)  a demurrer 
E)  none of the other choices 
A)  an answer 
B)  an interrogatory 
C)  a counterclaim 
D)  a demurrer 
E)  none of the other choices

Question 10

According to the Federal Arbitration Act, agreements to arbitrate should be upheld by U.S. courts.

Accepted Answer

A) True 
 B)False

Question 11

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. After Ellen presents her dispute for arbitration, the parties will present their evidence before an arbitrator, or arbitral panel. This presentation is known as:

Accepted Answer

A)  the trial 
B)  the post-trial 
C)  the showing 
D)  the hearing 
E)  the award 
A)  the trial 
B)  the post-trial 
C)  the showing 
D)  the hearing 
E)  the award

Question 12

The decision of an arbitrator in the arbitration process is called:

Accepted Answer

A)  a settlement 
B)  a holding 
C)  a report 
D)  a prescription 
E)  none of the other choices 
A)  a settlement 
B)  a holding 
C)  a report 
D)  a prescription 
E)  none of the other choices

Question 13

A case is ready to go to trial after completion of:

Accepted Answer

A)  the allegation process 
B)  the reading process 
C)  the discovery process 
D)  the summary process 
E)  the litigation process 
A)  the allegation process 
B)  the reading process 
C)  the discovery process 
D)  the summary process 
E)  the litigation process

Question 14

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. If Ellen and James were to mediate their dispute, rather than arbitrate (assume this is ok), what would they need to do?

Accepted Answer

A)  select a mutually agreed upon mediator 
B)  present their dispute to a court 
C)  get a court to select an arbitrator 
D)  nothing besides sitting down together 
E)  prepare a brief for consideration of a panel 
A)  select a mutually agreed upon mediator 
B)  present their dispute to a court 
C)  get a court to select an arbitrator 
D)  nothing besides sitting down together 
E)  prepare a brief for consideration of a panel

Question 15

If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

Accepted Answer

A) True 
 B)False

Question 16

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect:

Accepted Answer

A)  the decision to request a jury trial 
B)  the decision to go to trial 
C)  the choice of attorney 
D)  the length of the trial 
E)  the tone of the trial 
A)  the decision to request a jury trial 
B)  the decision to go to trial 
C)  the choice of attorney 
D)  the length of the trial 
E)  the tone of the trial

Question 17

An arbitral hearing is:

Accepted Answer

A)  conducted according to rules the parties choose 
B)  normally an open-door proceeding 
C)  less formal than a trial 
D)  normally faster than a court trial 
E)  all of the other choices 
A)  conducted according to rules the parties choose 
B)  normally an open-door proceeding 
C)  less formal than a trial 
D)  normally faster than a court trial 
E)  all of the other choices

Question 18

The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant.

Accepted Answer

A) True 
 B)False

Question 19

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. After presenting her evidence at arbitration, Ellen is quite happy when they decide that, in fact, James has violated his contractual obligations to her, and owes her damages. Any damages that Ellen wins are known as:

Accepted Answer

A)  an award 
B)  a judgment 
C)  an exaction 
D)  a presentation 
E)  a collection 
A)  an award 
B)  a judgment 
C)  an exaction 
D)  a presentation 
E)  a collection

Question 20

As a practical matter, when a party is unhappy with the decision from arbitration, it is most common to:

Accepted Answer

A)  appeal to the International Chamber of Commerce 
B)  appeal to the International Court of Justice 
C)  appeal to a state or federal court 
D)  obey the ruling 
E)  none of the other choices 
A)  appeal to the International Chamber of Commerce 
B)  appeal to the International Court of Justice 
C)  appeal to a state or federal court 
D)  obey the ruling 
E)  none of the other choices

The first stage of the arbitration process is the filing of a submission.

A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit.

The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried.

After the close of an arbitration hearing, the arbitrator:

A counterclaim is:

A party receiving written interrogatories prepares answers:

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

According to the Federal Arbitration Act, agreements to arbitrate should be upheld by U.S. courts.

The decision of an arbitrator in the arbitration process is called:

A case is ready to go to trial after completion of:

If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect:

An arbitral hearing is:

The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant.

As a practical matter, when a party is unhappy with the decision from arbitration, it is most common to:

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Exam 3: Trials and Resolving Disputes

The first stage of the arbitration process is the filing of a submission.

A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit.

The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried.

After the close of an arbitration hearing, the arbitrator:

A counterclaim is:

A party receiving written interrogatories prepares answers:

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

According to the Federal Arbitration Act, agreements to arbitrate should be upheld by U.S. courts.

The decision of an arbitrator in the arbitration process is called:

A case is ready to go to trial after completion of:

If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect:

An arbitral hearing is:

The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant.

As a practical matter, when a party is unhappy with the decision from arbitration, it is most common to:

Todays Business Environment: Law and Ethics

The Court Systems

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

The Regulatory Process

Securities Regulation

Consumer Protection

Antitrust Law

Environmental Law

The International Legal Environment of Business

Filters