Deck 6: Dispute Resolution

Question 1

Melanie, a 15-year-old girl, is at an emergency room and she is telling the doctors she is 18 in an attempt to receive treatment without the permission and knowledge of her parents. She most likely possesses what style of legal consciousness ______.

A) before the law
B) after the law
C) with the law
D) against the law

Answer 1

C

Question 2

Identify approximately how many sexually harassed women pursue legal action.

A) 1/10
B) 1/5
C) 1/6
D) research on this topic was not conducted

Answer 2

C

Question 3

Tom and Ana were in a minor automobile accident. After involving the insurance companies, they decided to refer the dispute to court, to decide who the guilty party is. They are exercising ______.

A) litigation
B) negotiation
C) mediation
D) arbitration

Answer 3

A

Question 4

This alternative to disputing involves an individual believing they were harmed and deciding to walk away from the situation rather than pursue a grievance.

A) avoidance
B) lumping
C) coercion
D) blood revenge

Question 5

The following center offers parties a range of ADR services.

A) court annexed arbitration center
B) multi-door courthouse
C) state courtrooms
D) federal courtrooms

Question 6

Judge Judy would be an example of what form of alternative dispute resolution?

A) screening panel
B) ombudsmen
C) rent-a-judge
D) med-arb

Question 7

An individual believing he or she is wronged falls under which of the following stages of disputing?

A) grievance
B) conflict
C) dispute
D) resolution

Question 8

John and Tom were involved in a fight in which John ends up killing Tom. Tom's brother then retaliates by killing John's uncle. This form of dispute resolution is called ______.

A) coercion
B) lumping
C) blood revenge
D) avoidance

Question 9

In multiplex relationships, individuals most likely will NOT engage in ______.

A) lumping
B) negotiation
C) coercion
D) mediation

Question 10

When individuals sue on behalf of themselves and others of similar issues that is called ______.

A) criminal suit
B) judicial intervention suit
C) class action suit
D) civil rights suit

Question 11

A patient is bringing a medical malpractice case before a panel of doctors to decide whether the case can proceed to court. This form of alternative dispute arbitration is called ______.

A) ombudsmen
B) medical arbitration
C) rent-a-judge
D) court-annexed arbitration

Question 12

The Disability Act intended to combat day-to-day areas of discrimination confronting people with disabilities was signed in ______.

A) 1988
B) 1990
C) 1994
D) 1999

Question 13

Laura, unhappy with her relationship, tells her boyfriend she wants to break up. He in return tells her he still loves her and that he thinks they should try working it out, maybe by going to couple's therapy. He is engaging in ______.

A) blood revenge
B) negotiation
C) avoidance
D) coercion

Question 14

Identify which of the following is a civil rights case.

A) voting rights
B) cleanup of environmental hazards
C) monitoring the treatment of prisoners
D) monster lawsuits lasting several years

Question 15

An individual makes conflict public and a third party becomes involved in the dispute. Which stage of disputing does this fall under?

A) preconflict stage
B) grievance stage
C) dispute stage
D) conflict stage

Question 16

Identify in which of the following a third, impartial party in response to a request has the authority to intervene and issue a decision.

A) adjudication
B) mediation
C) negotiation
D) litigation

Question 17

In simplex relationships, individuals most likely will NOT engage in ______.

A) arbitration
B) adjudication
C) negotiation
D) win-or-lose decisions

Question 18

Tom and Ana were in a minor automobile accident. Tom is telling Ana he wants to call the insurance company and have them resolve the issue. Ana states that she believes it would be better if they just settle this without involving insurance companies. The two are exercising ______.

A) adjudication
B) arbitration
C) mediation
D) negotiation

Question 19

Andrew is rear-ended by Suzan in an automobile accident causing his car to receive substantial damage. Andrew believes he is entitled to reimbursement by Suzan for the cost of the car repairs. He involves the insurance companies to intervene. This stage of disputing is ______.

A) disputing
B) conflict
C) resolution
D) grievance

Question 20

This alternative to disputing involves an individual deciding against pursuing a grievance and living with the situation.

A) coercion
B) avoidance
C) mediation
D) lumping

Question 21

Individuals possessing this form of legal consciousness believe the law is an objective and respected set of institutions and rules ______.

A) before the law
B) after the law
C) with the law
D) against the law

Question 22

A claim can be filed at whatever time the complainant wishes to file it.

Question 23

Andrew is rear-ended by Suzan in an automobile accident which caused his car to have substantial damage. Andrew believes he is entitled to reimbursement by Suzan, for the cost of the car repairs. This stage of disputing is ______.

A) conflict
B) resolution
C) grievance
D) dispute

Question 24

Statute of limitations states that a court case must be filed within a fixed number of years.

Question 25

Laura, unhappy with her relationship, tells her boyfriend she wants to break up. He in return tells her that if she leaves him he will send her nude pictures to all of her family members and to her employer. He is engaging in ______.

A) blood revenge
B) negotiation
C) avoidance
D) coercion

Question 26

Jessica is in an abusive marriage and tells her husband she wants a divorce. He in turn tells her that if she files for divorce, he will take their children away from her. He is engaging in ______.

A) blood revenge
B) avoidance
C) coercion
D) negotiation

Question 27

Andrew is rear-ended by Suzan, which caused his car to have substantial damage. Andrew believes he is entitled to reimbursement by Suzan for the cost of the car repairs. He confronts Suzan with this issue. This stage of disputing is ______.

A) conflict
B) resolution
C) grievance
D) dispute

Question 28

Negotiation involves a neutral individual who attempts to encourage discussion between two parties.

Question 29

In Med-Arb alternative dispute resolution, parties accept the decision of a privately retained judge.

Question 30

Megan is claiming to be disabled in order to avoid jury duty. She most likely possesses what style of legal consciousness ______.

A) with the law
B) against the law
C) before the law
D) after the law

Question 31

Identify which of the following is a discussion between two parties, in which each individual attempts to persuade the other to change his or her mind.

A) litigation
B) arbitration
C) negotiation
D) mediation

Question 32

Jessica has had an abusive relationship with her husband. She decides to stay married to him despite being unhappy. She is exercising ______.

A) avoidance
B) lumping
C) negotiation
D) coercion

Question 33

Which of the following is a term to describe the referral of disputes to the official, formal court system?

A) mitigation
B) negotiation
C) litigation
D) adjudication

Question 34

Jessica has had an abusive relationship with her husband. Instead of taking him to court she decides to move out of their house and cut all contact with her husband. She is exercising ______.

A) lumping
B) avoidance
C) coercion
D) arbitration

Question 35

An individual feels wronged and confronts the offending party by communicating feelings of injustice making both parties aware of disagreement. Under which stage of disputing does this fall?

A) grievance
B) preconflict
C) conflict
D) dispute

Question 36

Individuals possessing this form of legal consciousness believe that law is a game with a set of rules that can be used to manipulate the outcome of a case ______.

A) before the law
B) after the law
C) with the law
D) against the law

Question 37

In Court annexed arbitration, judges refer civil suits to an individual who issues a quick, nonbinding decision.

Question 38

Litigation involves an impartial third party who in response to a request has the authority to intervene and issue a decision.

Question 39

Multiplex relationships require settlements that will allow the relation to continue.

Question 40

Avoidance is when an individual who believes he or she is harmed walks away from the situation and ends the relationship rather than pursue grievance.

Question 41

In a rent-a-judge alternative dispute resolution, parties accept the decision of a privately retained judge, often a retired judicial official.

Question 42

Explain and summarize Judicial intervention as a new area of litigation.

Question 43

Identify and summarize three types of legal consciousness.

Question 44

Megacases are so-called "monster" lawsuits that last for several years and can involve hundreds of testimonies.

Question 45

An ombudsman litigation method is when a corporation or government institution employs an individual to handle grievances of customers or citizens.

Question 46

Explain and summarize alternative dispute resolution (ADR). Also, explain the goal of ADR.

Question 47

Resolution involves a neutral individual who attempts to encourage discussion between the parties.

Question 48

Disputation involves a plea bargain between prosecutors and defense attorneys before trial.

Question 49

Explain the concept of transitional justice and identify some of the challenges associated with it.

Question 50

The number of cases brought to court has increased through the years.

Question 51

Simplex relations require settlements that will allow the relations to continue.

Question 52

Explain, in a summary sentence, how both the social structure of a society and a society's legal culture influence the form of disputing. Provide an example from a small-scale society.