Question 1

Which of the following is true regarding arbitration in Brazil?

Accepted Answer

A) Brazilian lawmakers have reformed several articles in the Brazilian Civil Code to increase the practice of arbitration. 
B) Parties must sign an "arbitration commitment" recognizing that the parties agree that any decision must be appealed to the judiciary branch of government. 
C) Because of a commitment by legislators to reduce arbitrations,parties may only arbitrate family law matters. 
D) Arbitration is outlawed in Brazil. 
E) Because of a commitment by legislators to reduce arbitrations,parties may only arbitrate corporate law matters. 
A) Brazilian lawmakers have reformed several articles in the Brazilian Civil Code to increase the practice of arbitration. 
B) Parties must sign an "arbitration commitment" recognizing that the parties agree that any decision must be appealed to the judiciary branch of government. 
C) Because of a commitment by legislators to reduce arbitrations,parties may only arbitrate family law matters. 
D) Arbitration is outlawed in Brazil. 
E) Because of a commitment by legislators to reduce arbitrations,parties may only arbitrate corporate law matters.

Question 2

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

Question 3

Assuming the Uniform Mediation Act provisions apply,did Dominic correctly tell Naomi that mediation is nearly the same as arbitration?

Accepted Answer

A) He was correct because the only difference between the two involves whether a court reporter is present. 
B) He was correct because the only difference between the two involves cost. 
C) No,he was incorrect.There are major differences between mediation and arbitration. 
D) He was correct because the only difference between the two involves the length of the proceeding. 
E) He was correct because the only difference between the two involves the type of evidence that may be considered. 
A) He was correct because the only difference between the two involves whether a court reporter is present. 
B) He was correct because the only difference between the two involves cost. 
C) No,he was incorrect.There are major differences between mediation and arbitration. 
D) He was correct because the only difference between the two involves the length of the proceeding. 
E) He was correct because the only difference between the two involves the type of evidence that may be considered.

Question 4

Mediation programs are underway in ________ of state courts.

Accepted Answer

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

Question 5

Will Ari likely be bound by the arbitration provision that he can only receive $150 in damages?

Accepted Answer

A) He will likely be bound only if the company can show that it has not made a substantial profit in the past 12 months. 
B) Yes,he signed the agreement. 
C) He can avoid the provision if he testifies that he did not read it before signing the agreement. 
D) He will likely be bound unless he can show that the company made a misrepresentation to him. 
E) If an arbitration award on that basis is appealed,a federal district judge would likely find the provision unenforceable. 
A) He will likely be bound only if the company can show that it has not made a substantial profit in the past 12 months. 
B) Yes,he signed the agreement. 
C) He can avoid the provision if he testifies that he did not read it before signing the agreement. 
D) He will likely be bound unless he can show that the company made a misrepresentation to him. 
E) If an arbitration award on that basis is appealed,a federal district judge would likely find the provision unenforceable.

Question 6

Courts can use ADR to resolve particular disputes within a case;rather than resolving the entire case at once.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is an advantage of ADR over traditional litigation as set forth in the text?

Accepted Answer

A) It is usually faster but not cheaper. 
B) Because many forms of ADR are more adversarial than litigation,the parties are rarely able to preserve a business relationship. 
C) ADR is not flexible and cannot be restructured to meet the parties' needs. 
D) A business may wish to avoid setting a precedent through a court decision. 
A) It is usually faster but not cheaper. 
B) Because many forms of ADR are more adversarial than litigation,the parties are rarely able to preserve a business relationship. 
C) ADR is not flexible and cannot be restructured to meet the parties' needs. 
D) A business may wish to avoid setting a precedent through a court decision.

Question 8

Private companies do not use mediation to resolve internal disputes with employees.

Accepted Answer

A) True 
 B)False

Question 9

Mateo has a lawsuit in federal district court and asks Rekia,a first year law student,about court-annexed ADR.What should Rekia tell him?

Accepted Answer

A) Mediation is required by law in federal district court,but arbitration is not required. 
B) Federal district courts vary on the approved ADR methods. 
C) Arbitration is required by law in federal district court. 
D) Mediation is required by law in federal district court. 
E) Neither mediation nor arbitration is required by law in federal district court,but all litigants must present a summary of their positions to a case neutral. 
A) Mediation is required by law in federal district court,but arbitration is not required. 
B) Federal district courts vary on the approved ADR methods. 
C) Arbitration is required by law in federal district court. 
D) Mediation is required by law in federal district court. 
E) Neither mediation nor arbitration is required by law in federal district court,but all litigants must present a summary of their positions to a case neutral.

Question 10

If mediation is unsuccessful,the parties can turn to litigation,however,nothing said during the mediation can be used in the litigation because the mediation process is confidential.

Accepted Answer

A) True 
 B)False

Question 11

In order to perform arbitration,a person must be a lawyer.

Accepted Answer

A) True 
 B)False

Question 12

According to Exhibit 4-2 of the text,which of these tips would not be helpful in creating a binding arbitration clause.

Accepted Answer

A) The clause should spell out that the employer must pay the costs of arbitration. 
B) The clause should treat both parties fairly. 
C) The clause should specify how the arbitrator will be selected. 
D) The clause should be clear and unmistakable. 
E) The clause should require one of the parties to arbitrate,but the same requirement need not be required for the other party. 
A) The clause should spell out that the employer must pay the costs of arbitration. 
B) The clause should treat both parties fairly. 
C) The clause should specify how the arbitrator will be selected. 
D) The clause should be clear and unmistakable. 
E) The clause should require one of the parties to arbitrate,but the same requirement need not be required for the other party.

Question 13

If the EEOC filed an enforcement lawsuit based on the allegations of Emilia and other employees,what would a court likely do?

Accepted Answer

A) Dismiss the lawsuit,because of Emilia's poor performance. 
B) Allow the lawsuit to move forward because the EEOC is not a party to the employment contract,and it has the authority to pursue relief for Emilia regardless of how the employer and employee agreed to resolve their disputes. 
C) Allow the lawsuit to move forward,as long as Emilia gets no relief whatsoever. 
D) Dismiss the lawsuit because of the binding arbitration clause in Emilia's employment contract. 
E) Allow the lawsuit because arbitration clauses in employment contracts are unconscionable. 
A) Dismiss the lawsuit,because of Emilia's poor performance. 
B) Allow the lawsuit to move forward because the EEOC is not a party to the employment contract,and it has the authority to pursue relief for Emilia regardless of how the employer and employee agreed to resolve their disputes. 
C) Allow the lawsuit to move forward,as long as Emilia gets no relief whatsoever. 
D) Dismiss the lawsuit because of the binding arbitration clause in Emilia's employment contract. 
E) Allow the lawsuit because arbitration clauses in employment contracts are unconscionable.

Question 14

[Sexual harassment ADR] Naomi works at a fast-food restaurant which is owned by an international company located in Mexico.Naomi is very angry with her supervisor,who has been making inappropriate sexual comments to her and other employees.Naomi decides to sue and retains a lawyer,Dominic.Dominic talks with the owners of the restaurant and is informed that Naomi signed an agreement to mediate and also to arbitrate any claims.Naomi informed Dominic about other employees who entered into such agreements and later complained of harassment.Dominic promises her that under federal law,he is legally entitled to get copies of all documents used during any other mediations and arbitrations and that he is also entitled to get detailed information regarding what was said and agreed upon by them.Dominic also tells Naomi that,while he is not going to bring it up now,if they so choose,Dominic and Naomi can avoid the arbitration agreement because under a new federal law,such agreements cannot be enforced if one of the companies involved is internationally based.He also tells Naomi in response to her question about the possibility of mediation in her case to forget it,because mediation is pretty much the same thing as arbitration.Dominic tells Naomi that an option is to arbitrate and,if the outcome is bad at arbitration,file a court action in federal court.Dominic says that the federal court judge would not consider an arbitrator's decision in making a determination.
-Can Dominic obtain information regarding what occurred at previous mediations and arbitrations if the Uniform Mediation Act provisions and the Federal Arbitration Act apply?

Accepted Answer

A) Federal law does not entitle Dominic to any information introduced by the parties during previous mediations or arbitrations. 
B) Under federal law,Dominic is entitled to all documents introduced at both mediations and arbitrations,and he can also get copies of statements,but only for proceedings at which a court reporter was present. 
C) Under federal law,Dominic can get copies of documents but not accounts of statements in regard to both mediations and arbitrations. 
D) Under federal law,in regard to mediations,Dominic can get copies of any written documents reviewed but not accounts of statements;and he cannot get any information regarding previous arbitrations. 
E) Under federal law,Dominic can get accounts of statements but not copies of written documents in regard to both mediations and arbitrations. 
A) Federal law does not entitle Dominic to any information introduced by the parties during previous mediations or arbitrations. 
B) Under federal law,Dominic is entitled to all documents introduced at both mediations and arbitrations,and he can also get copies of statements,but only for proceedings at which a court reporter was present. 
C) Under federal law,Dominic can get copies of documents but not accounts of statements in regard to both mediations and arbitrations. 
D) Under federal law,in regard to mediations,Dominic can get copies of any written documents reviewed but not accounts of statements;and he cannot get any information regarding previous arbitrations. 
E) Under federal law,Dominic can get accounts of statements but not copies of written documents in regard to both mediations and arbitrations.

Question 15

Gordon advises that they seek mediation,and,if mediation is unsuccessful,then they should request arbitration or file a lawsuit.However,Sofia is concerned that any statements she makes at mediation could be used against her.What should Gordon tell her?

Accepted Answer

A) Statements made in mediation can be used in trial,but not in arbitration. 
B) Statements made in mediation cannot be used in arbitration or trial. 
C) Statements made in mediation can be used in arbitration,but not trial. 
D) Statements made in mediation can be used in arbitration or trial. 
A) Statements made in mediation can be used in trial,but not in arbitration. 
B) Statements made in mediation cannot be used in arbitration or trial. 
C) Statements made in mediation can be used in arbitration,but not trial. 
D) Statements made in mediation can be used in arbitration or trial.

Question 16

What is the position of the Equal Employment Opportunity Commission EEOC)on mediation?

Accepted Answer

A) The EEOC discourages the mediation of employment discrimination claims. 
B) 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. 
C) The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases. 
D) The EEOC encourages the mediation of employment discrimination claims. 
E) The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases. 
A) The EEOC discourages the mediation of employment discrimination claims. 
B) 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. 
C) The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases. 
D) The EEOC encourages the mediation of employment discrimination claims. 
E) The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases.

Question 17

Which of the following was the result at the Supreme Court level in Mitsubishi Motors Corp.v.Soler Chrysler-Plymouth,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 refused to enforce the agreement because antitrust claims were involved. 
B) The Court refused to enforce the agreement because there is a lack of federal substantive law supporting the enforcement of agreements to arbitrate. 
C) The Court ruled that the arbitration agreement would be upheld but only if the parties conducted the arbitration in Japan,the home of Mitsubishi. 
D) The Court refused to enforce the agreement because international parties were involved. 
E) The Court recognized that the arbitration agreement should be enforced. 
A) The Court refused to enforce the agreement because antitrust claims were involved. 
B) The Court refused to enforce the agreement because there is a lack of federal substantive law supporting the enforcement of agreements to arbitrate. 
C) The Court ruled that the arbitration agreement would be upheld but only if the parties conducted the arbitration in Japan,the home of Mitsubishi. 
D) The Court refused to enforce the agreement because international parties were involved. 
E) The Court recognized that the arbitration agreement should be enforced.

Question 18

Sofia tells Gordon that she wants to file a lawsuit against Renata,and then engage in mediation.Gordon tells her that she must mediate before filing a lawsuit.Is Gordon correct?

Accepted Answer

A) Yes,once a lawsuit is initiated,she cannot engage in mediation. 
B) No,many courts have mediation programs. 
C) No,the Federal Arbitration Act mandates that mediation must occur. 
D) Yes,it is a waste of money to file a lawsuit before mediation. 
E) No,every court will mandate mediation after a lawsuit is filed. 
A) Yes,once a lawsuit is initiated,she cannot engage in mediation. 
B) No,many courts have mediation programs. 
C) No,the Federal Arbitration Act mandates that mediation must occur. 
D) Yes,it is a waste of money to file a lawsuit before mediation. 
E) No,every court will mandate mediation after a lawsuit is filed.

Question 19

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,what did the U.S.Supreme Court rule?

Accepted Answer

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

Question 20

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

Exam 4: Alternative Dispute Resolution

Which of the following is true regarding arbitration in Brazil?

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?

Assuming the Uniform Mediation Act provisions apply,did Dominic correctly tell Naomi that mediation is nearly the same as arbitration?

Mediation programs are underway in ________ of state courts.

Will Ari likely be bound by the arbitration provision that he can only receive $150 in damages?

Courts can use ADR to resolve particular disputes within a case;rather than resolving the entire case at once.

Which of the following is an advantage of ADR over traditional litigation as set forth in the text?

Private companies do not use mediation to resolve internal disputes with employees.

Mateo has a lawsuit in federal district court and asks Rekia,a first year law student,about court-annexed ADR.What should Rekia tell him?

If mediation is unsuccessful,the parties can turn to litigation,however,nothing said during the mediation can be used in the litigation because the mediation process is confidential.

In order to perform arbitration,a person must be a lawyer.

According to Exhibit 4-2 of the text,which of these tips would not be helpful in creating a binding arbitration clause.

If the EEOC filed an enforcement lawsuit based on the allegations of Emilia and other employees,what would a court likely do?

Gordon advises that they seek mediation,and,if mediation is unsuccessful,then they should request arbitration or file a lawsuit.However,Sofia is concerned that any statements she makes at mediation could be used against her.What should Gordon tell her?

What is the position of the Equal Employment Opportunity Commission EEOC)on mediation?

Sofia tells Gordon that she wants to file a lawsuit against Renata,and then engage in mediation.Gordon tells her that she must mediate before filing a lawsuit.Is Gordon correct?

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,what did the U.S.Supreme Court rule?

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

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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