Question 1

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

Accepted Answer

A)  Summary jury trial 
B)  Minitrial 
C)  Early neutral case evaluation 
D)  Private trial 
E)  Neutral submission 
A)  Summary jury trial 
B)  Minitrial 
C)  Early neutral case evaluation 
D)  Private trial 
E)  Neutral submission

Question 2

Which of the following is true regarding the Uniform Mediation Act?

Accepted Answer

A)  There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act. 
B)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and all states have adopted it. 
C)  It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest, and all states have adopted it. 
D)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and less than half the states have adopted it. 
E)  It provides for a mediation privilege, mediators are required to identify any conflicts of interest, and less than half the states have adopted it. 
A)  There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act. 
B)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and all states have adopted it. 
C)  It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest, and all states have adopted it. 
D)  It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest, and less than half the states have adopted it. 
E)  It provides for a mediation privilege, mediators are required to identify any conflicts of interest, and less than half the states have adopted it.

Question 3

Which of the following was the result at the Supreme Court level in Mitsubishi Motors Corp.v.Soler,the case in the text involving whether an American court may enforce an agreement to resolve antitrust claims by arbitration when that agreement arises from an international transaction?

Accepted Answer

A)  The Court recognized that the arbitration agreement should be enforced. 
B)  The Court refused to enforce the agreement because international parties were involved. 
C)  The Court refused to enforce the agreement because antitrust claims were involved. 
D)  The Court refused to enforce the agreement because there is a lack of federal substantive law supporting the enforcement of agreements to arbitrate. 
E)  The Court ruled that the arbitration agreement would be upheld but only if the parties conducted the arbitration in Japan, the home of Mitsubishi. 
A)  The Court recognized that the arbitration agreement should be enforced. 
B)  The Court refused to enforce the agreement because international parties were involved. 
C)  The Court refused to enforce the agreement because antitrust claims were involved. 
D)  The Court refused to enforce the agreement because there is a lack of federal substantive law supporting the enforcement of agreements to arbitrate. 
E)  The Court ruled that the arbitration agreement would be upheld but only if the parties conducted the arbitration in Japan, the home of Mitsubishi.

Question 4

A person must be a lawyer in order to perform arbitration.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is an extension of negotiation?

Accepted Answer

A)  Arbitration 
B)  Minitrials 
C)  Neutral case evaluations 
D)  Mediation 
E)  Private trials 
A)  Arbitration 
B)  Minitrials 
C)  Neutral case evaluations 
D)  Mediation 
E)  Private trials

Question 6

The arbitrator typically provides a decision within ____ days of an arbitration hearing.

Accepted Answer

A)  10 
B)  25 
C)  30 
D)  90 
E)  120 
A)  10 
B)  25 
C)  30 
D)  90 
E)  120

Question 7

What effect would the provision requiring that she pay have on the agreement?

Accepted Answer

A)  It will have no effect because Jill signed it, and she is bound by it. 
B)  Jill will be bound by the provision because while under federal law she had three days in which to back out of the agreement, she did not do so. 
C)  Jill will be bound by the agreement unless she testifies that she did not read it. 
D)  Jill will be bound by the agreement unless she can prove that she was orally promised it would not be enforced. 
E)  Courts have refused to enforce arbitration agreements that require that the plaintiff pay the costs of the arbitration. 
A)  It will have no effect because Jill signed it, and she is bound by it. 
B)  Jill will be bound by the provision because while under federal law she had three days in which to back out of the agreement, she did not do so. 
C)  Jill will be bound by the agreement unless she testifies that she did not read it. 
D)  Jill will be bound by the agreement unless she can prove that she was orally promised it would not be enforced. 
E)  Courts have refused to enforce arbitration agreements that require that the plaintiff pay the costs of the arbitration.

Question 8

Set forth the reasons by the Federal Arbitration Act under which an arbitrator's award may be set aside.

Accepted Answer

The Federal Arbitration Act provides sev

Question 9

What did the U.S.Supreme Court rule in the case of Robert Gilmer v.Interstate/Johnson Lane Corporation involving whether a claim under the federal Age Discrimination in Employment Act was subject to arbitration?

Accepted Answer

A)  That the agreement by which the plaintiff agreed to arbitrate all employment disputes as a condition of his employment was valid. 
B)  That the text of the federal Age Discrimination in Employment Act prohibited arbitration. 
C)  That the EEOC would be bound by the employee's agreement to arbitrate all employment disputes and that, therefore, requiring arbitration would be improper. 
D)  That compulsory arbitration improperly deprived the plaintiff of a public forum through which to prove his claims. 
E)  That arbitration was an inadequate remedy because arbitrators may not fashion equitable remedies. 
A)  That the agreement by which the plaintiff agreed to arbitrate all employment disputes as a condition of his employment was valid. 
B)  That the text of the federal Age Discrimination in Employment Act prohibited arbitration. 
C)  That the EEOC would be bound by the employee's agreement to arbitrate all employment disputes and that, therefore, requiring arbitration would be improper. 
D)  That compulsory arbitration improperly deprived the plaintiff of a public forum through which to prove his claims. 
E)  That arbitration was an inadequate remedy because arbitrators may not fashion equitable remedies.

Question 10

Med-arb is a type of ADR method.

Accepted Answer

A) True 
 B)False

Question 11

How are arbitrations similar and dissimilar to a court trial?

Accepted Answer

Arbitrations are similar to a court tria

Question 12

Mediation programs are underway in _____ of state courts.

Accepted Answer

A)  More than one-third 
B)  More than one-half 
C)  More than 75% 
D)  Less than one-half 
E)  Less than 10% 
A)  More than one-third 
B)  More than one-half 
C)  More than 75% 
D)  Less than one-half 
E)  Less than 10%

Question 13

Which of the following is true regarding the remedy if a party does not abide by an agreement reached in mediation?

Accepted Answer

A)  Because mediation is a voluntary process, there is no legal remedy. 
B)  The remedy is to return to mandatory mediation. 
C)  The remedy is to proceed to arbitration. 
D)  The remedy is to sue for breach of contract. 
E)  The remedy is to proceed to a minitrial. 
A)  Because mediation is a voluntary process, there is no legal remedy. 
B)  The remedy is to return to mandatory mediation. 
C)  The remedy is to proceed to arbitration. 
D)  The remedy is to sue for breach of contract. 
E)  The remedy is to proceed to a minitrial.

Question 14

Would the arbitration agreement be deemed void because it provided that the arbitrator was not bound by the federal rules of evidence?

Accepted Answer

A)  Yes. 
B)  Only if the arbitrator was not also a lawyer. 
C)  Only if the arbitrator was a lawyer. 
D)  The agreement to arbitrate would be upheld so long as the arbitrator agreed to at least apply federal hearsay rules. 
E)  No, because the rules of evidence applicable in a trial are typically relaxed in arbitration. 
A)  Yes. 
B)  Only if the arbitrator was not also a lawyer. 
C)  Only if the arbitrator was a lawyer. 
D)  The agreement to arbitrate would be upheld so long as the arbitrator agreed to at least apply federal hearsay rules. 
E)  No, because the rules of evidence applicable in a trial are typically relaxed in arbitration.

Question 15

Several merchants signed a binding arbitration agreement with American Express Co.The arbitration agreement included a clause prohibiting class action arbitration.Later,after a serious dispute arose involving a federal statute,the merchants wanted to pursue class action arbitration against American Express arguing that it would be too expensive to pursue the claims individually.Assuming the Federal Arbitration Act applies,how should a court rule on the issue?

Accepted Answer

A)  The court should uphold the agreement prohibiting class action arbitration. 
B)  The court should strike the whole arbitration agreement because a claim under federal law is involved, and the parties should be required to go to court for any relief. 
C)  The court should uphold the arbitration agreement itself but strike the provision prohibiting class action arbitration. 
D)  The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 20 plaintiffs. 
E)  The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 10 plaintiffs. 
A)  The court should uphold the agreement prohibiting class action arbitration. 
B)  The court should strike the whole arbitration agreement because a claim under federal law is involved, and the parties should be required to go to court for any relief. 
C)  The court should uphold the arbitration agreement itself but strike the provision prohibiting class action arbitration. 
D)  The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 20 plaintiffs. 
E)  The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 10 plaintiffs.

Question 16

A summary jury trial leads to a binding jury verdict.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is accurate regarding George's refusal of a continuance based upon Susan's medical problem?

Accepted Answer

A)  George's statement that a hearing must be held within 30 days was correct. 
B)  George was prohibited by law from granting a continuance over Bob's objection. 
C)  George was incorrect regarding the time in which a hearing must be held because under the Federal Arbitration Act, the applicable time period is 60 days. 
D)  Under the Federal Arbitration Act, an arbitration proceeding may not be postponed based upon illness. 
E)  George was probably wrong in refusing the continuance, and that could present a basis upon which to set aside his award. 
A)  George's statement that a hearing must be held within 30 days was correct. 
B)  George was prohibited by law from granting a continuance over Bob's objection. 
C)  George was incorrect regarding the time in which a hearing must be held because under the Federal Arbitration Act, the applicable time period is 60 days. 
D)  Under the Federal Arbitration Act, an arbitration proceeding may not be postponed based upon illness. 
E)  George was probably wrong in refusing the continuance, and that could present a basis upon which to set aside his award.

Question 18

Which of the following is generally true regarding minitrials?

Accepted Answer

A)  It is more costly than arbitration. 
B)  In a typical minitrial, business representatives have settlement authority. 
C)  A minitrial utilizes a jury to make a recommended decision. 
D)  A minitrial must follow and come after a failed mediation. 
E)  A minitrial must follow and come after an arbitration. 
A)  It is more costly than arbitration. 
B)  In a typical minitrial, business representatives have settlement authority. 
C)  A minitrial utilizes a jury to make a recommended decision. 
D)  A minitrial must follow and come after a failed mediation. 
E)  A minitrial must follow and come after an arbitration.

Question 19

Which of the following is true regarding the use of arbitration and mediation in e-commerce cases?

Accepted Answer

A)  Increasingly, litigants are using arbitration, but not mediation, to resolve disputes in e-commerce cases. 
B)  Increasingly, litigants are using mediation, but not arbitration, to resolve disputes in e-commerce cases. 
C)  Increasingly, litigants are using arbitration and mediation to resolve disputes in e-commerce cases. 
D)  Arbitration is allowed by federal law in e-commerce cases, but mediation is not allowed. 
E)  Mediation is allowed by federal law in e-commerce cases, but arbitration is not allowed. 
A)  Increasingly, litigants are using arbitration, but not mediation, to resolve disputes in e-commerce cases. 
B)  Increasingly, litigants are using mediation, but not arbitration, to resolve disputes in e-commerce cases. 
C)  Increasingly, litigants are using arbitration and mediation to resolve disputes in e-commerce cases. 
D)  Arbitration is allowed by federal law in e-commerce cases, but mediation is not allowed. 
E)  Mediation is allowed by federal law in e-commerce cases, but arbitration is not allowed.

Question 20

What types of ADR techniques exist in Japan?

Accepted Answer

A)  Compromise and conciliation, but not arbitration 
B)  Conciliation and arbitration, but not compromise 
C)  Arbitration, but not compromise or conciliation 
D)  Compromise, conciliation, and arbitration 
E)  ADR is outlawed in Japan 
A)  Compromise and conciliation, but not arbitration 
B)  Conciliation and arbitration, but not compromise 
C)  Arbitration, but not compromise or conciliation 
D)  Compromise, conciliation, and arbitration 
E)  ADR is outlawed in Japan

Exam 4: Alternative Dispute Resolution

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

Which of the following is true regarding the Uniform Mediation Act?

Which of the following was the result at the Supreme Court level in Mitsubishi Motors Corp.v.Soler,the case in the text involving whether an American court may enforce an agreement to resolve antitrust claims by arbitration when that agreement arises from an international transaction?

A person must be a lawyer in order to perform arbitration.

Which of the following is an extension of negotiation?

The arbitrator typically provides a decision within ____ days of an arbitration hearing.

What effect would the provision requiring that she pay have on the agreement?

Set forth the reasons by the Federal Arbitration Act under which an arbitrator's award may be set aside.

What did the U.S.Supreme Court rule in the case of Robert Gilmer v.Interstate/Johnson Lane Corporation involving whether a claim under the federal Age Discrimination in Employment Act was subject to arbitration?

Med-arb is a type of ADR method.

How are arbitrations similar and dissimilar to a court trial?

Mediation programs are underway in _____ of state courts.

Which of the following is true regarding the remedy if a party does not abide by an agreement reached in mediation?

Would the arbitration agreement be deemed void because it provided that the arbitrator was not bound by the federal rules of evidence?

A summary jury trial leads to a binding jury verdict.

Which of the following is accurate regarding George's refusal of a continuance based upon Susan's medical problem?

Which of the following is generally true regarding minitrials?

Which of the following is true regarding the use of arbitration and mediation in e-commerce cases?

What types of ADR techniques exist in Japan?

An Introduction to Dynamic Business Law

Business Ethics

The Uslegal System

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Illegality

Reality of Assent

Contracts in Writing

Third Party Rights to Contracts

Performance,Breach of Contract,discharge,and Remedies

Introduction to Sales and Lease Contracts

Title,Risk of Loss,and Insurable Interest

Performance and Obligations Under Sales and Lease Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability,defenses,and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organizations

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, and Termination

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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