Question 1

Which of the following is true regarding the Equal Employment Opportunity Commission (EEOC)position on mediation?

Accepted Answer

A)  The EEOC encourages the mediation of employment discrimination claims. 
B)  The EEOC discourages the mediation of employment discrimination claims. 
C)  The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases. 
D)  The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases. 
E)  The EEOC encourages the mediation of all employment discrimination claims except for those arising under the Americans with Disabilities Act where the use of mediation is discouraged. 
A)  The EEOC encourages the mediation of employment discrimination claims. 
B)  The EEOC discourages the mediation of employment discrimination claims. 
C)  The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases. 
D)  The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases. 
E)  The EEOC encourages the mediation of all employment discrimination claims except for those arising under the Americans with Disabilities Act where the use of mediation is discouraged.

Question 2

Which of the following is a type of ADR?

Accepted Answer

A)  Consultation 
B)  Mediation 
C)  Case argument 
D)  Case analysis 
E)  Focus grouping 
A)  Consultation 
B)  Mediation 
C)  Case argument 
D)  Case analysis 
E)  Focus grouping

Question 3

When does a private trial typically occur?

Accepted Answer

A)  After a jury trial and prior to appeal. 
B)  After a case has been filed in federal court, but parties must wait at least 30 days. 
C)  After a case has been filed in either state or district court. 
D)  Before a case has been filed in any court. 
E)  Upon order of a federal judge only. 
A)  After a jury trial and prior to appeal. 
B)  After a case has been filed in federal court, but parties must wait at least 30 days. 
C)  After a case has been filed in either state or district court. 
D)  Before a case has been filed in any court. 
E)  Upon order of a federal judge only.

Question 4

Which of the following is true regarding private trials?

Accepted Answer

A)  They may allow defendants to hide wrongdoing from the public. 
B)  Those who lack funds must use a slower public system, but information from private trials is open to the public, similar to trials in state or federal court. 
C)  They are generally slower than regular litigation. 
D)  They are a form of state or federal litigation closed to the public to protect the identity of litigants in certain sensitive situations. 
E)  They unfairly discriminate against corporations because by law in some cases corporations must pay the costs involved for indigent plaintiffs. 
A)  They may allow defendants to hide wrongdoing from the public. 
B)  Those who lack funds must use a slower public system, but information from private trials is open to the public, similar to trials in state or federal court. 
C)  They are generally slower than regular litigation. 
D)  They are a form of state or federal litigation closed to the public to protect the identity of litigants in certain sensitive situations. 
E)  They unfairly discriminate against corporations because by law in some cases corporations must pay the costs involved for indigent plaintiffs.

Question 5

Which of the following is true regarding the form of ADR known as "negotiation"?

Accepted Answer

A)  The ADR process known as "negotiation" is the same as the ADR process known as "mediation." 
B)  There is only one approach to negotiation, problem-solving. 
C)  There is only one approach to negotiation, adversarial. 
D)  There are two approaches, adversarial negotiation and problem-solving negotiation. 
E)  There is no form of ADR known as negotiation. 
A)  The ADR process known as "negotiation" is the same as the ADR process known as "mediation." 
B)  There is only one approach to negotiation, problem-solving. 
C)  There is only one approach to negotiation, adversarial. 
D)  There are two approaches, adversarial negotiation and problem-solving negotiation. 
E)  There is no form of ADR known as negotiation.

Question 6

In an early neutral case evaluation,the neutral provides a binding ruling.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Accepted Answer

A)  It is up to each of the parties. They may have legal counsel or they may not. 
B)  Parties may not have legal counsel. 
C)  Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used. 
D)  Individuals may have legal counsel, but corporations may not. 
E)  Corporations may have legal counsel, but individuals may not. 
A)  It is up to each of the parties. They may have legal counsel or they may not. 
B)  Parties may not have legal counsel. 
C)  Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used. 
D)  Individuals may have legal counsel, but corporations may not. 
E)  Corporations may have legal counsel, but individuals may not.

Question 8

Which of the following is true regarding the federal appellate court system's use of ADR?

Accepted Answer

A)  All federal courts use arbitration but few have mediation programs. 
B)  While ADR is popular at the district court level, few federal appellate courts use it. 
C)  Almost all federal circuit courts of appeal have mediation programs underway. 
D)  By law ADR is outlawed at the federal appellate court level. 
E)  All federal appellate courts use early neutral case evaluation but none use mediation. 
A)  All federal courts use arbitration but few have mediation programs. 
B)  While ADR is popular at the district court level, few federal appellate courts use it. 
C)  Almost all federal circuit courts of appeal have mediation programs underway. 
D)  By law ADR is outlawed at the federal appellate court level. 
E)  All federal appellate courts use early neutral case evaluation but none use mediation.

Question 9

Did George act properly in hearing the dispute?

Accepted Answer

A)  He acted properly because it is presumed that arbitrators are unbiased regardless of their relationship with a party. 
B)  He acted properly because he only had to reveal the information at issue if Susan had directly asked about it. 
C)  He should have revealed that he was married to Bob's cousin, but none of the other information had to be revealed. 
D)  He should have revealed that he had received loans from Bob, but he had no obligation to reveal other information. 
E)  He should have revealed all the information and should have refused to arbitrate the case. His actions would be considered by a federal district judge and the award would likely be set aside because of showing of bias. 
A)  He acted properly because it is presumed that arbitrators are unbiased regardless of their relationship with a party. 
B)  He acted properly because he only had to reveal the information at issue if Susan had directly asked about it. 
C)  He should have revealed that he was married to Bob's cousin, but none of the other information had to be revealed. 
D)  He should have revealed that he had received loans from Bob, but he had no obligation to reveal other information. 
E)  He should have revealed all the information and should have refused to arbitrate the case. His actions would be considered by a federal district judge and the award would likely be set aside because of showing of bias.

Question 10

Which of the following is true regarding strikes under the National Labor Relations Act?

Accepted Answer

A)  A union must contact the State Mediation Consortium to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
B)  A union must contact the National Mediation Service to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
C)  A union must contact the Federal Mediation and Conciliation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
D)  A union must contact the Judicial Arbitration and Mediation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
E)  A union has no obligation to inquire into mediation before beginning a strike for any reason. 
A)  A union must contact the State Mediation Consortium to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
B)  A union must contact the National Mediation Service to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
C)  A union must contact the Federal Mediation and Conciliation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
D)  A union must contact the Judicial Arbitration and Mediation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours. 
E)  A union has no obligation to inquire into mediation before beginning a strike for any reason.

Question 11

Courts are generally critical and unsupportive of ADR methods.

Accepted Answer

A) True 
 B)False

Question 12

Cindy and Clowie have a dispute regarding ownership of a dog,Rascal.Cindy removed Rascal's tags in order to give him a bath.Knowing what was coming,Rascal made a run for it and ended up at Clowie's home down the street.When Cindy saw Clowie walking Rascal,she demanded his return.Clowie refused.A lawyer in the neighborhood suggested either a neutral case evaluation or mediation in an attempt to resolve the feud.Describe mediation and neutral case evaluation.Which would you suggest and why?

Accepted Answer

Mediation occurs when the parties hire a

Question 13

What is a summary jury trial?

Accepted Answer

A)  An abbreviated trial that leads to a nonbinding jury verdict. 
B)  An unabbreviated trial that leads to a binding jury verdict. 
C)  An abbreviated trial that leads to a binding jury verdict. 
D)  An abbreviated trial in which only a few witnesses are called to the stand leading to a binding verdict. 
E)  A binding trial conducted by a panel of mediators after a failed mediation. 
A)  An abbreviated trial that leads to a nonbinding jury verdict. 
B)  An unabbreviated trial that leads to a binding jury verdict. 
C)  An abbreviated trial that leads to a binding jury verdict. 
D)  An abbreviated trial in which only a few witnesses are called to the stand leading to a binding verdict. 
E)  A binding trial conducted by a panel of mediators after a failed mediation.

Question 14

A[n] ______ clause has been defined as one in which the terms are "manifestly unfair or oppressive and are dictated by a dominant party."

Accepted Answer

A)  Unconscionable 
B)  Unreasonable 
C)  Outrageous 
D)  Prohibitive 
E)  Unsupportable 
A)  Unconscionable 
B)  Unreasonable 
C)  Outrageous 
D)  Prohibitive 
E)  Unsupportable

Question 15

According to the text,which of the following is true regarding defenses to an arbitration award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Accepted Answer

A)  The only defense recognized is that the losing party did not receive notice of the arbitration. 
B)  There are no recognized defenses. 
C)  The only two recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision and (2) that one of the parties to the agreement did not have the authority to enter into a legal contract. 
D)  The only two recognized defenses are (1) that one of the parties to the agreement did not have the authority to enter into a legal contract and (2) that the losing party did not receive notice of the arbitration. 
E)  The only three recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision; (2) that one of the parties to the agreement did not have the authority to enter into a legal contract; and (3) that the losing party did not receive notice of the arbitration. 
A)  The only defense recognized is that the losing party did not receive notice of the arbitration. 
B)  There are no recognized defenses. 
C)  The only two recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision and (2) that one of the parties to the agreement did not have the authority to enter into a legal contract. 
D)  The only two recognized defenses are (1) that one of the parties to the agreement did not have the authority to enter into a legal contract and (2) that the losing party did not receive notice of the arbitration. 
E)  The only three recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision; (2) that one of the parties to the agreement did not have the authority to enter into a legal contract; and (3) that the losing party did not receive notice of the arbitration.

Question 16

What effect will the provision that the arbitration will be conducted at the company's home state have on the agreement?

Accepted Answer

A)  None; only because an employee/employer relationship is involved. 
B)  None because Jill freely signed the agreement. 
C)  None because a domestic company, not an international one, is involved. 
D)  A court will be unlikely to enforce the agreement only if it can be proven that Jill did not read the agreement before she signed it. 
E)  A court may be more likely to not enforce the agreement because of the distance and expense involved. 
A)  None; only because an employee/employer relationship is involved. 
B)  None because Jill freely signed the agreement. 
C)  None because a domestic company, not an international one, is involved. 
D)  A court will be unlikely to enforce the agreement only if it can be proven that Jill did not read the agreement before she signed it. 
E)  A court may be more likely to not enforce the agreement because of the distance and expense involved.

Question 17

Negotiation is a bargaining process in which disputing parties interact informally,but only with lawyers,to attempt to resolve their dispute.

Accepted Answer

A) True 
 B)False

Question 18

A person must have a law degree in order to be a mediator.

Accepted Answer

A) True 
 B)False

Question 19

When is an arbitrator's decision called an "award"?

Accepted Answer

A)  Always. 
B)  Only if one party completely wins and there is no split decision. 
C)  Never. 
D)  Only if a money award is involved. 
E)  Only if both parties had lawyers because that terminology makes it easier for the lawyers to be paid. 
A)  Always. 
B)  Only if one party completely wins and there is no split decision. 
C)  Never. 
D)  Only if a money award is involved. 
E)  Only if both parties had lawyers because that terminology makes it easier for the lawyers to be paid.

Question 20

According to the text,which of the following are criticisms of arbitration?

Accepted Answer

A)  That arbitration is more expensive than court litigation. 
B)  That companies can more easily hide misdoing. 
C)  That it is too easy to get an arbitration award reversed by a judge. 
D)  That parties have less control through the arbitration process than through a judicial action. 
E)  That arbitration actions are less private than judicial actions. 
A)  That arbitration is more expensive than court litigation. 
B)  That companies can more easily hide misdoing. 
C)  That it is too easy to get an arbitration award reversed by a judge. 
D)  That parties have less control through the arbitration process than through a judicial action. 
E)  That arbitration actions are less private than judicial actions.

Exam 4: Alternative Dispute Resolution

Which of the following is true regarding the Equal Employment Opportunity Commission (EEOC)position on mediation?

Which of the following is a type of ADR?

When does a private trial typically occur?

Which of the following is true regarding private trials?

Which of the following is true regarding the form of ADR known as "negotiation"?

In an early neutral case evaluation,the neutral provides a binding ruling.

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

Which of the following is true regarding the federal appellate court system's use of ADR?

Did George act properly in hearing the dispute?

Which of the following is true regarding strikes under the National Labor Relations Act?

Courts are generally critical and unsupportive of ADR methods.

What is a summary jury trial?

A[n] ______ clause has been defined as one in which the terms are "manifestly unfair or oppressive and are dictated by a dominant party."

According to the text,which of the following is true regarding defenses to an arbitration award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

What effect will the provision that the arbitration will be conducted at the company's home state have on the agreement?

Negotiation is a bargaining process in which disputing parties interact informally,but only with lawyers,to attempt to resolve their dispute.

A person must have a law degree in order to be a mediator.

When is an arbitrator's decision called an "award"?

According to the text,which of the following are criticisms of arbitration?

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

Filters