Question 1

Legally mandated arbitration is nonbinding arbitration.

Accepted Answer

A) True 
 B)False

Question 2

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a:

Accepted Answer

A)  motion for summary judgment. 
B)  motion to dismiss for mistrial. 
C)  motion for a judgment as a matter of law. 
D)  motion to dismiss. 
A)  motion for summary judgment. 
B)  motion to dismiss for mistrial. 
C)  motion for a judgment as a matter of law. 
D)  motion to dismiss.

Question 3

The last time an attorney addresses a jury is during the:

Accepted Answer

A)  closing argument. 
B)  jury instructions. 
C)  deliberations. 
D)  making of a motion for a judgment as a matter of law. 
A)  closing argument. 
B)  jury instructions. 
C)  deliberations. 
D)  making of a motion for a judgment as a matter of law.

Question 4

ADR has some advantages for a company that makes it a better alternative than litigation in many situations. Name and explain the various methods of ODR and the advantages that ODR has over ADR for some companies.

Accepted Answer

The methods of ODR parallel those of ADR

Question 5

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence, while in federal trial court the standard of proof is beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 6

When disputing parties submit blind bids to an automated service, stating what they are willing to pay or receive to resolve the dispute, and the software evaluates the bids and produces a fair price based on the parties' input, the form of ODR being utilized is:

Accepted Answer

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

Question 7

In Alston v. Advance Brands and Importing Company, a parent group sued a maker of alcoholic beverages, claiming the maker's advertising induced alcohol sales to minors. The suit was dismissed because the group suffered no legitimate damages.

Accepted Answer

A) True 
 B)False

Question 8

You have just graduated and have started your own business. You will be providing goods and services to the general public, and you are concerned about potential legal exposure and resultant costs of litigation. You'd like to add a mandatory arbitration clause to all of your contracts. Is a mandatory arbitration clause legal and valid, and if so, what concerns must you consider in constructing this clause?

Accepted Answer

Mandatory arbitration clauses are valid

Question 9

Each stage of litigation is separate and distinct, and each must be completed before the next stage may be started.

Accepted Answer

A) True 
 B)False

Question 10

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 11

In Alston v. Advance Brands and Importing Company, Alston sued to prevent advertising of alcohol because it influenced children. He was found not to have standing for each of the reasons below except:

Accepted Answer

A)  Alston did not evidence any actual injury. 
B)  Alston's children bought liquor using money provided by Alston, so he was at fault. 
C)  Alston could not show that a proper remedy was available. 
D)  Even if injury could be shown, the injury was not direct because Alston's alleged injury was not directly connected to the defendants and was broken by third-party sellers who criminally sold to minors. 
A)  Alston did not evidence any actual injury. 
B)  Alston's children bought liquor using money provided by Alston, so he was at fault. 
C)  Alston could not show that a proper remedy was available. 
D)  Even if injury could be shown, the injury was not direct because Alston's alleged injury was not directly connected to the defendants and was broken by third-party sellers who criminally sold to minors.

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 party 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 party 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 term litigation refers to the trial but does not include pretrial events as well.

Accepted Answer

A) True 
 B)False

Question 14

April hires Christine 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 Christine shows up on the agreed date, April refuses to allow her to begin work. Christine sues April for breach of contract. At trial, April 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 Christine had arrived with only purple and yellow plants that were 6 to 8 inches high. This type of evidence produced by April would be called:

Accepted Answer

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

Question 15

Judges must be present during depositions to resolve disputes and ensure fairness.

Accepted Answer

A) True 
 B)False

Question 16

A trial without a jury is called a ________ trial.

Accepted Answer

The answer of A trial without a jury is called...

Question 17

Who, among the following, is not present during a pretrial conference?

Accepted Answer

A)  the judge 
B)  the parties 
C)  the court reporter 
D)  the party's attorneys 
A)  the judge 
B)  the parties 
C)  the court reporter 
D)  the party's attorneys

Question 18

Transcripts of ADR proceedings are required to be available to the public.

Accepted Answer

A) True 
 B)False

Question 19

In some special types of cases such as divorce, the defendant is instead called a _______.

Accepted Answer

The answer of In some special types of cases such...

Question 20

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

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

Legally mandated arbitration is nonbinding arbitration.

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a:

The last time an attorney addresses a jury is during the:

ADR has some advantages for a company that makes it a better alternative than litigation in many situations. Name and explain the various methods of ODR and the advantages that ODR has over ADR for some companies.

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence, while in federal trial court the standard of proof is beyond a reasonable doubt.

When disputing parties submit blind bids to an automated service, stating what they are willing to pay or receive to resolve the dispute, and the software evaluates the bids and produces a fair price based on the parties' input, the form of ODR being utilized is:

In Alston v. Advance Brands and Importing Company, a parent group sued a maker of alcoholic beverages, claiming the maker's advertising induced alcohol sales to minors. The suit was dismissed because the group suffered no legitimate damages.

Each stage of litigation is separate and distinct, and each must be completed before the next stage may be started.

Binding arbitration means that:

In Alston v. Advance Brands and Importing Company, Alston sued to prevent advertising of alcohol because it influenced children. He was found not to have standing for each of the reasons below except:

Which of the following is not true of ADR proceedings?

The term litigation refers to the trial but does not include pretrial events as well.

Judges must be present during depositions to resolve disputes and ensure fairness.

A trial without a jury is called a ________ trial.

Who, among the following, is not present during a pretrial conference?

Transcripts of ADR proceedings are required to be available to the public.

In some special types of cases such as divorce, the defendant is instead called a _______.

Which of the following is categorized as informal ADR?

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