Question 1

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 2

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Accepted Answer

A) True 
 B)False

Question 3

A trial without a jury is called a ________ trial.

Accepted Answer

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

Question 4

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 5

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Accepted Answer

A) True 
 B)False

Question 6

Binding arbitration means:

Accepted Answer

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

Question 7

A complaint will contain each of the following except:

Accepted Answer

A)  a statement of the plaintiff's version of the facts of the case. 
B)  a statement of the damages suffered. 
C)  a statement of why the plaintiff believes the defendant is guilty. 
D)  a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called 
A)  a statement of the plaintiff's version of the facts of the case. 
B)  a statement of the damages suffered. 
C)  a statement of why the plaintiff believes the defendant is guilty. 
D)  a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called

Question 8

Lois is a reporter for the school newspaper and generally writes satirical articles spoofing students,faculty and school policy.After one particular article,Professor Mackey fails to find the humor in her portrayal as a left over 1970's hippie 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 1960's and 70's.She did attend Woodstock,still listens to Led Zeppelin and still occasionally wears tie-dyed tee shirts when not otherwise 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 for an appeal?

Accepted Answer

Lois should file a Motion for a Judgment

Question 9

The filing of the complaint begins which stage of litigation?

Accepted Answer

A)  the pleadings 
B)  discovery 
C)  voir dire 
D)  the trial 
A)  the pleadings 
B)  discovery 
C)  voir dire 
D)  the trial

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

In Green Tree Financial Corporation v.Randolph,Randolph brought suit in federal court for violation of a federal statute that regulates consumer lending.Green Tree moved to dismiss based on a mandatory arbitration clause in the consumer contract.How did the court decide?

Accepted Answer

A)  for Green Tree because the consumer protection law itself required mandatory arbitration before a law suit could be brought 
B)  for Green Tree because Randolph had not proven that the mandatory arbitration clause was unfair or biased toward the defendant negating his rights 
C)  for Randolph because the mandatory arbitration clause was silent regarding the location of the required arbitration so that flaw invalidated the clause due to the potential harm to Randolph should a distant or inconvenient forum be utilized 
D)  for Randolph because the Federal Arbitration Act requires that matters involving federal law be litigated rather than arbitrated 
A)  for Green Tree because the consumer protection law itself required mandatory arbitration before a law suit could be brought 
B)  for Green Tree because Randolph had not proven that the mandatory arbitration clause was unfair or biased toward the defendant negating his rights 
C)  for Randolph because the mandatory arbitration clause was silent regarding the location of the required arbitration so that flaw invalidated the clause due to the potential harm to Randolph should a distant or inconvenient forum be utilized 
D)  for Randolph because the Federal Arbitration Act requires that matters involving federal law be litigated rather than arbitrated

Question 12

The discussions by the jury in a closed room while they attempt to reach a verdict is called _______.

Accepted Answer

The answer of The discussions by the jury in a...

Question 13

A motion for a Judgment as a Matter of Law is called a motion for a Judgment Non Obstante Verdicto in some states.

Accepted Answer

A) True 
 B)False

Question 14

Mike has sued Kathy for injuries received in a traffic accident.If Kathy fails to respond to the complaint and summons within the proper time limit:

Accepted Answer

A)  Mike wins based on a summary judgment. 
B)  Mike wins based on a default judgment. 
C)  Mike wins based on a judgment as a matter of law. 
D)  nothing happens, Kathy is not required to respond to a complaint and summons 
A)  Mike wins based on a summary judgment. 
B)  Mike wins based on a default judgment. 
C)  Mike wins based on a judgment as a matter of law. 
D)  nothing happens, Kathy is not required to respond to a complaint and summons

Question 15

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 party's 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 16

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 17

Depositions are:

Accepted Answer

A)  oral questions, answered orally asked of parties and witnesses. 
B)  oral questions, answered orally asked only of parties. 
C)  written questions, answered in writing asked of parties and witnesses. 
D)  written questions, answered in writing asked only of parties 
A)  oral questions, answered orally asked of parties and witnesses. 
B)  oral questions, answered orally asked only of parties. 
C)  written questions, answered in writing asked of parties and witnesses. 
D)  written questions, answered in writing asked only of parties

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

Fred is a student in your class and is frequently disruptive.Your professor has asked him to stop talking four times and to stop texting three times; just in today's class.Finally your professor asks him to leave and when Fred says "make me"; your professor loses it and knocks him out with a right cross to the jaw.Fred is now suing your professor for civil battery.Both sides believe that you can provide valuable information for their side.Which discovery method should they use to get your information?

Accepted Answer

A)  a deposition 
B)  an interrogatory 
C)  a request that you write down your recollection and so they can file for a request for production to obtain your statement 
D)  a request that you make an admission 
A)  a deposition 
B)  an interrogatory 
C)  a request that you write down your recollection and so they can file for a request for production to obtain your statement 
D)  a request that you make an admission

Question 20

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in which the arbitration took place.

Accepted Answer

A) True 
 B)False

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

Which of the following is categorized as informal ADR?

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

A trial without a jury is called a ________ trial.

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

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Binding arbitration means:

A complaint will contain each of the following except:

The filing of the complaint begins which stage of litigation?

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

In Green Tree Financial Corporation v.Randolph,Randolph brought suit in federal court for violation of a federal statute that regulates consumer lending.Green Tree moved to dismiss based on a mandatory arbitration clause in the consumer contract.How did the court decide?

The discussions by the jury in a closed room while they attempt to reach a verdict is called _______.

A motion for a Judgment as a Matter of Law is called a motion for a Judgment Non Obstante Verdicto in some states.

Mike has sued Kathy for injuries received in a traffic accident.If Kathy fails to respond to the complaint and summons within the proper time limit:

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 party's input,the form of ODR being utilized is:

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

Depositions are:

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

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in which the arbitration took place.

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Business and the Constitution

The American Judicial System,Jurisdiction,and Venue

Business,Societal,and Ethical Contexts of Law

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Contract Performance: Conditions, Breach, and Remedies

Contracts for the Sale of Goods

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Consumer Protection Law

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