Question 1

What types of ADR techniques exist in Japan?

Accepted Answer

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

Question 2

What is a summary jury trial?

Accepted Answer

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

Question 3

One type of ADR method is med-arb.

Accepted Answer

A) True 
 B)False

Question 4

If a party does not abide by an agreement reached in mediation,which of the following is true of the remedy?

Accepted Answer

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

Question 5

In which of the following do parties select a neutral third party and explain their respective positions to this neutral,who then evaluates the strengths and weaknesses of the case?

Accepted Answer

A) Private trials 
B) Med-arb 
C) Neutral submission 
D) Early neutral case evaluation 
E) Summary jury trial 
A) Private trials 
B) Med-arb 
C) Neutral submission 
D) Early neutral case evaluation 
E) Summary jury trial

Question 6

In the text's case Circuit City v.Saint Clair Adams,which addressed whether arbitration clauses in employment contracts are enforceable,what was the result at the U.S.Supreme Court level?

Accepted Answer

A) The Court ruled that the Federal Arbitration Act does not apply in employment contracts but that the common law of arbitration applies in employment contracts. 
B) The Court ruled that the Federal Arbitration Act applies in employment contracts. 
C) The Court ruled that neither the Federal Arbitration Act nor the common law of arbitration applies in employment contracts. 
D) The Court ruled that whether the Federal Arbitration Act applies in employment disputes depends on the type of employment dispute involved,and that if the dispute involves claims of age discrimination,the Federal Arbitration Act does not apply. 
E) The court ruled that the Federal Arbitration Act does not apply in employment contracts but that state statutes involving arbitration would apply to employment contracts. 
A) The Court ruled that the Federal Arbitration Act does not apply in employment contracts but that the common law of arbitration applies in employment contracts. 
B) The Court ruled that the Federal Arbitration Act applies in employment contracts. 
C) The Court ruled that neither the Federal Arbitration Act nor the common law of arbitration applies in employment contracts. 
D) The Court ruled that whether the Federal Arbitration Act applies in employment disputes depends on the type of employment dispute involved,and that if the dispute involves claims of age discrimination,the Federal Arbitration Act does not apply. 
E) The court ruled that the Federal Arbitration Act does not apply in employment contracts but that state statutes involving arbitration would apply to employment contracts.

Question 7

What is the primary ADR process used in federal district courts?

Accepted Answer

A) Private trials 
B) Mediation 
C) Arbitration 
D) Early neutral case evaluation 
E) Summary jury trials 
A) Private trials 
B) Mediation 
C) Arbitration 
D) Early neutral case evaluation 
E) Summary jury trials

Question 8

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

Accepted Answer

A) 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. 
B) A union has no obligation to inquire into mediation before beginning a strike for any reason. 
C) 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. 
D) 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. 
E) 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. 
A) 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. 
B) A union has no obligation to inquire into mediation before beginning a strike for any reason. 
C) 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. 
D) 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. 
E) 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.

Question 9

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

Accepted Answer

A) 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. 
B) The only defense recognized is that the losing party did not receive notice of the arbitration. 
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) There are no recognized defenses. 
A) 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. 
B) The only defense recognized is that the losing party did not receive notice of the arbitration. 
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) There are no recognized defenses.

Question 10

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

Accepted Answer

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

Question 11

What is a criticism of arbitration,according to the text?

Accepted Answer

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

Question 12

Which of the following describes the role of arbitration and mediation in e-commerce cases?

Accepted Answer

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

Question 13

Is Dominic correct that a federal law provides that arbitration agreements involving international businesses are unenforceable?

Accepted Answer

A) He is incorrect. 
B) He is correct. 
C) He is partially correct.The law only applies to European countries. 
D) He is partially correct.The law only applies to any country that has signed the North American Free Trade Agreement. 
E) He is partially correct.The law only applies to any country not a party to the North American Free Trade Agreement. 
A) He is incorrect. 
B) He is correct. 
C) He is partially correct.The law only applies to European countries. 
D) He is partially correct.The law only applies to any country that has signed the North American Free Trade Agreement. 
E) He is partially correct.The law only applies to any country not a party to the North American Free Trade Agreement.

Question 14

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

Accepted Answer

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

Question 15

If Coleman decides to arbitrate,which of the following would most likely be false?

Accepted Answer

A) Coleman and Jade would be more likely to continue a business relationship after arbitration than if they engaged in litigation. 
B) The dispute would be resolved quicker than litigation. 
C) Coleman would spend less money on arbitration than if he engaged in litigation. 
D) Coleman would not be allowed to bring any witnesses. 
E) Coleman's assistant,a professional athlete,could testify about the poor quality of the shoes provided by Jade. 
A) Coleman and Jade would be more likely to continue a business relationship after arbitration than if they engaged in litigation. 
B) The dispute would be resolved quicker than litigation. 
C) Coleman would spend less money on arbitration than if he engaged in litigation. 
D) Coleman would not be allowed to bring any witnesses. 
E) Coleman's assistant,a professional athlete,could testify about the poor quality of the shoes provided by Jade.

Question 16

Negotiation in which each side seeks to maximize its own gain is called problem-solving negotiation.

Accepted Answer

A) True 
 B)False

Question 17

Med-arb is which type of dispute resolution process?

Accepted Answer

A) A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration. 
B) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful. 
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful. 
D) A special type of blended mediation and arbitration applicable only in the medical malpractice arena. 
E) A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR. 
A) A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration. 
B) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful. 
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful. 
D) A special type of blended mediation and arbitration applicable only in the medical malpractice arena. 
E) A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR.

Question 18

Which of the following is an extension of negotiation?

Accepted Answer

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

Question 19

A provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration is called a[n] ________.

Accepted Answer

A) ADR neutral clause 
B) Court-annexed arbitration clause 
C) Consolidated merger clause 
D) Approved mediation/arbitration clause 
E) Binding arbitration clause 
A) ADR neutral clause 
B) Court-annexed arbitration clause 
C) Consolidated merger clause 
D) Approved mediation/arbitration clause 
E) Binding arbitration clause

Question 20

Corporations should never use arbitration in international disputes because the results are almost always unenforceable.

Accepted Answer

A) True 
 B)False

Exam 4: Alternative Dispute Resolution

What types of ADR techniques exist in Japan?

What is a summary jury trial?

One type of ADR method is med-arb.

If a party does not abide by an agreement reached in mediation,which of the following is true of the remedy?

In which of the following do parties select a neutral third party and explain their respective positions to this neutral,who then evaluates the strengths and weaknesses of the case?

In the text's case Circuit City v.Saint Clair Adams,which addressed whether arbitration clauses in employment contracts are enforceable,what was the result at the U.S.Supreme Court level?

What is the primary ADR process used in federal district courts?

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

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

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

What is a criticism of arbitration,according to the text?

Which of the following describes the role of arbitration and mediation in e-commerce cases?

Is Dominic correct that a federal law provides that arbitration agreements involving international businesses are unenforceable?

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

If Coleman decides to arbitrate,which of the following would most likely be false?

Negotiation in which each side seeks to maximize its own gain is called problem-solving negotiation.

Med-arb is which type of dispute resolution process?

Which of the following is an extension of negotiation?

A provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration is called a[n] ________.

Corporations should never use arbitration in international disputes because the results are almost always unenforceable.

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 Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title,risk of Loss,and Insurable Interest

Performance and Obligations Under Sales and Leases

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 Organization

Partnerships: Nature, formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, officers, and Shareholders

Corporations: Mergers, consolidations, terminations

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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