Question 1

The primary difference between arbitration and other forms of ADR is that arbitration is quicker.

Accepted Answer

A) True 
 B)False

Question 2

Generally,everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.

Accepted Answer

A) True 
 B)False

Question 3

Bronwyn sues her former employer for discrimination.Which of the following information is generally not discoverable during litigation?

Accepted Answer

A)  The notes of Bronwyn's attorney. 
B)  E-mails between Bronwyn and her former supervisor. 
C)  Bronwyn's personnel file. 
D)  The employer's rules and policies. 
A)  The notes of Bronwyn's attorney. 
B)  E-mails between Bronwyn and her former supervisor. 
C)  Bronwyn's personnel file. 
D)  The employer's rules and policies.

Question 4

Which of the following is categorized as informal ADR?

Accepted Answer

A)  negotiation 
B)  mediation 
C)  arbitration 
D)  med-arb 
A)  negotiation 
B)  mediation 
C)  arbitration 
D)  med-arb

Question 5

Avril hires Corinne to landscape her yard.They agree on a price,agree on the types and colors of the plantings,and agree on the start date.When Corinne shows up on the agreed date,Avril refuses to allow her to begin work.Corinne sues Avril for breach of contract.At trial,Avril produces the contract,which states that the plants were to be a mixture of red,white,and blue and were to be between 12 inches and 18 inches in height.She then produces pictures to show that Corinne had arrived with only purple and yellow plants that were 6 to 8 inches high.This type of evidence produced by Avril would be called

Accepted Answer

A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  production evidence. 
A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  production evidence.

Question 6

LaMonte has sued Jarod and received judgment in the amount of $24,000.LaMonte is a judgment creditor.

Accepted Answer

A) True 
 B)False

Question 7

In the typical business context,ADR is invoked either via contract or by mutual agreement.

Accepted Answer

A) True 
 B)False

Question 8

From first to last,which of the following trial stages are in the correct order?

Accepted Answer

A)  pretrial conference; pleadings; discovery; deliberations 
B)  pleadings; discovery; deliberations; jury selection 
C)  discovery; jury selection; deliberations; charging the jury 
D)  pleadings; discovery; pretrial conference; jury selection 
A)  pretrial conference; pleadings; discovery; deliberations 
B)  pleadings; discovery; deliberations; jury selection 
C)  discovery; jury selection; deliberations; charging the jury 
D)  pleadings; discovery; pretrial conference; jury selection

Question 9

Name the four grounds identified in the Federal Arbitration Act by which a court may set aside the award of an arbitrator.

Accepted Answer

The four grounds are (1)the arbitration

Question 10

In National Football League Management Council v.Brady,the appellate court overturned the arbitrator's ruling because football player Tom Brady had not been provided adequate notice that suspension was within the League's range of punishments.

Accepted Answer

A) True 
 B)False

Question 11

JR Winery grows grapes and produces wine in the state of Delaware.It purchases its corks from Cork Masters,a California cork importer.Despite a written contract,Cork Masters has informed JR Winery that it will immediately be raising the cost of corks 20 percent.JR Winery disputes the added charges and claims a breach of contract.Both companies agree that they want to resolve the dispute through binding arbitration.The arbitrator finds in favor of JR Winery.What,if anything,can Cork Masters do if it wants to dispute the arbitrator's decision?

Accepted Answer

A)  Appeal the arbitrator's decision to a federal or state court. 
B)  File a court action under the Federal Arbitration Act because arbitration cannot be binding. 
C)  It can ask JR Winery if it would agree to have the case reopened. 
D)  Have an expert evaluation conducted. 
A)  Appeal the arbitrator's decision to a federal or state court. 
B)  File a court action under the Federal Arbitration Act because arbitration cannot be binding. 
C)  It can ask JR Winery if it would agree to have the case reopened. 
D)  Have an expert evaluation conducted.

Question 12

Which of the following is not true of ADR proceedings?

Accepted Answer

A)  The jury decision in an ADR proceeding is automatically subject to one appeal. 
B)  The individual conducting the ADR hearing is chosen by the disputing parties themselves in certain instances. 
C)  ADR hearings generally result in much less publicity than does litigation. 
D)  ADR hearings usually arrive at a resolution at a much lower cost than does litigation. 
A)  The jury decision in an ADR proceeding is automatically subject to one appeal. 
B)  The individual conducting the ADR hearing is chosen by the disputing parties themselves in certain instances. 
C)  ADR hearings generally result in much less publicity than does litigation. 
D)  ADR hearings usually arrive at a resolution at a much lower cost than does litigation.

Question 13

The number of civil cases filed annually in state and federal courts combined exceeds

Accepted Answer

A)  2 million. 
B)  10 million. 
C)  20 thousand. 
D)  30 million. 
A)  2 million. 
B)  10 million. 
C)  20 thousand. 
D)  30 million.

Question 14

Binding arbitration means that

Accepted Answer

A)  the parties had previously agreed that arbitration would be utilized, rather than litigation, should a dispute arise. 
B)  the rules of the hearing will be strict in terms of number of witnesses called, duration of the hearing itself, and whether attorneys can be present. 
C)  the decision of the arbitrator will be final unless the parties agree to reopen the case. 
D)  the decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case. 
A)  the parties had previously agreed that arbitration would be utilized, rather than litigation, should a dispute arise. 
B)  the rules of the hearing will be strict in terms of number of witnesses called, duration of the hearing itself, and whether attorneys can be present. 
C)  the decision of the arbitrator will be final unless the parties agree to reopen the case. 
D)  the decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case.

Question 15

Liana and Sabine had a motor vehicle accident,and Sabine has sued Liana claiming severe back injuries.If Liana wants to obtain a copy of Sabine's doctor and hospital reports,she should serve a request for admissions to Sabine.

Accepted Answer

A) True 
 B)False

Question 16

Lois is a reporter for the school newspaper and generally writes satirical articles spoofing students,faculty,and school policy.Professor Mackey fails to find the humor in Lois's portrayal of her as a leftover 1960s hippie in one particular article and sues Lois for defamation.In fact,Professor Mackey is a modern woman with a degree in sociology and has written extensively on American culture in the 1960s and 70s.She did attend Woodstock,still listens to Led Zeppelin,and still occasionally wears tie-dyed T-shirts when not professionally dressed.The state trial court finds for Professor Mackey,and the jury awards her $10 million.Is there anything that Lois can do besides filing an appeal?

Accepted Answer

Lois should file a motion for a judgment

Question 17

When the judge issues the jury instructions,the judge is said to be charging the jury.

Accepted Answer

A) True 
 B)False

Question 18

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Accepted Answer

A) True 
 B)False

Question 19

When and why would a defendant file a cross-claim,and when would a defendant file a counterclaim?

Accepted Answer

Cross-claims and counterclaims are filed

Question 20

Legally mandated arbitration is nonbinding arbitration.

Accepted Answer

A) True 
 B)False

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

The primary difference between arbitration and other forms of ADR is that arbitration is quicker.

Generally,everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.

Bronwyn sues her former employer for discrimination.Which of the following information is generally not discoverable during litigation?

Which of the following is categorized as informal ADR?

LaMonte has sued Jarod and received judgment in the amount of $24,000.LaMonte is a judgment creditor.

In the typical business context,ADR is invoked either via contract or by mutual agreement.

From first to last,which of the following trial stages are in the correct order?

Name the four grounds identified in the Federal Arbitration Act by which a court may set aside the award of an arbitrator.

In National Football League Management Council v.Brady,the appellate court overturned the arbitrator's ruling because football player Tom Brady had not been provided adequate notice that suspension was within the League's range of punishments.

Which of the following is not true of ADR proceedings?

The number of civil cases filed annually in state and federal courts combined exceeds

Binding arbitration means that

Liana and Sabine had a motor vehicle accident,and Sabine has sued Liana claiming severe back injuries.If Liana wants to obtain a copy of Sabine's doctor and hospital reports,she should serve a request for admissions to Sabine.

When the judge issues the jury instructions,the judge is said to be charging the jury.

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

When and why would a defendant file a cross-claim,and when would a defendant file a counterclaim?

Legally mandated arbitration is nonbinding arbitration.

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