Deck 6: Law and Dispute Resolution

Question 1

Over the past two decades,Japan has experienced which of the following litigation trends?

A) slightly increased litigation
B) slightly decreased litigation
C) greatly increased litigation
D) greatly decreased litigation
E) a levelling off of litigiousness

Answer 1

C

Question 2

_________ takes place when disputants seek to resolve their disagreements without the intervention of third parties.

A) Mediation
B) Negotiation
C) Conciliation
D) Collaborative mediation
E) Community-based mediation

Answer 2

B

Question 3

In areas of health care,education,and social assistance,Canada outperforms the United States in the level of regulation imposed through law.

Answer 3

True

Question 4

In India,people do not exhibit a propensity toward litigation and never resort to legal measures when alternative means to dispute resolution are available.

Question 5

The outcome of court decisions may be influenced by the type of lawyer disputants are able to retain.

Question 6

A steady rise in the number of environmental disputes in all advanced industrialized countries can be attributable to _____.

A) increased public awareness
B) damage to the natural environment
C) recognition of costs for environmental repair
D) failure of companies to internalize environmental costs
E) all of the above

Question 7

In 2003,the Toronto-based Society for Muslims proposed the creation of a formalized tribunal: the Islamic Institute of Civil Justice.

Question 8

The Canadian Bar Association reported a 20-fold increase in the number of Canada's lawyers between 1951 and 2002.

Question 9

In collaborative mediation,lawyers,clients,and victims must all agree not to go to court.

Question 10

The legal doctrine of _________ refers to a situation where the sins of the employee are imputed to the employer.

A) amicus curaie
B) parens patraie
C) respondeat superior
D) habeas corpreal
E) de minimus non curat lex

Question 11

Mandatory mediation is incorporated within the physical and ideological confines of the formal system of justice.

Question 12

Med-arb is a hybrid process whereby issues that were not solved by arbitration are submitted to mediation.

Question 13

The ____________ stage refers to situations that an individual or group perceives to be unjust and considers grounds for resentment and complaint.

A) preconflict
B) conflict
C) dispute
D) feuding
E) rights-based

Question 14

In 2007,a federal ombudsman was installed,replacing federal commissioners.

Question 15

The retail chain Walmart currently experiences _________ lawsuits per year.

A) 250
B) 500
C) 1000
D) 2000
E) 5000

Question 16

The forced sale of a debtor's property is a collection means available to the courts known as _____.

A) garnishment
B) lien
C) writ of seizure and sale
D) direct compliance
E) indirect compliance

Question 17

In ___________ disapproval is expressed toward the rule-violating act,but the essential value of the offender is reaffirmed,along with the prospect of reacceptance.

A) shaming
B) reintegrative shaming
C) avoidance
D) lumping it
E) rights-based mediation

Question 18

The _________ stage is characterized by involvement of a third party in the disagreement.

A) preconflict
B) conflict
C) dispute
D) feuding
E) rights-based

Question 19

Under the Canadian Human Rights Act,discrimination is prohibited on all but one of the following grounds.

A) alcohol and drug dependency
B) income level
C) sexual orientation
D) age
E) race

Question 20

In the 1998 Supreme Court decision R.v.Morgentaler,the law made provisions for a prospective father to veto a woman's decision to terminate her pregnancy.

Question 21

Your textbook outlines a typology of litigants.Identify and briefly expound on each.

Question 22

Goldman and Sarat identify three generic factors that explain litigation.Briefly describe each.

Question 23

Discuss the myriad ways that courts contribute to dispute resolution.

Question 24

Despite the availability of grievance options,many students who perceive they have been treated unfairly do not avail themselves of such means.Identify the continuum of grievance options and identify potential factors that might limit the effectiveness of these options.

Question 25

What are the advantages and disadvantages of alternative dispute resolution (ADR)?