Deck 13: Alternative Dispute Resolution

Question 1

Cohabitation agreements historically were not recognized by courts; however, most courts are willing to enforce them today.

Answer 1

False

Question 2

For a child support obligor's wages to become subject to automatic withholding, he or she first must be shown to be delinquent in his or her child support payments.

Answer 2

False

Question 3

In a no-fault divorce state, fault nevertheless may be an issue in determining matters of alimony and child support.

Answer 3

True

Question 4

A mediated settlement agreement or memorandum of understanding is prepared after mediation is completed to summarize the settled issues.

Question 5

By Supreme Court decision, states cannot prohibit one who is in prison from marrying.

Question 6

A uniform law exists to govern the provisions of antenuptial agreements enforceable by state courts.

Question 7

Mediation is the route everyone should take.

Question 8

When selecting adoptive parents for a particular child, an agency lawfully may consider race as a factor.

Question 9

Binding arbitration usually makes a decision final.

Question 10

Only when neither spouse is guilty of breaking the marriage vows can a couple mediate their settlement.

Question 11

A memorandum of understanding, also known as a mediated settlement agreement, is prepared by an arbitrator.

Question 12

Mediation is a less expensive alternative to the divorce process.

Question 13

Arbitrators are limited to strict rules of evidence.

Question 14

Arbitration is always used to decide the issues that parties cannot agree on.

Question 15

Under the laws of most states, children of an intact family can force their parents to pay for post-secondary education as a necessity of life if it can be proved that the parents can afford to do so.

Question 16

Mediation should only be used when parties cannot sit in the same room with one another or discuss settling.

Question 17

A mediator must always be an attorney.

Question 18

Most courts are willing to enforce antenuptial agreements that provide for division of property upon divorce if full disclosure is made and if the agreement is in writing and is not unconscionable.

Question 19

Only married couples lawfully may adopt a child in most states.

Question 20

To assist in enforcing support orders, federal laws provide for automatically withholding support payments from an obligor's wages.

Question 21

Adoption laws in this country typically are patterned after the

A) None of these choices is correct.
B) laws of feudal England
C) civil laws of France
D) common law

Question 22

An IV-D agency is authorized to mediate matters related to divorce and custody, including property division and child support.

Question 23

When one seeks annulment of marriage, the grounds for annulment are determined according to the laws of the state

A) where the marriage occurred
B) where the annulment is sought
C) of the petitioning court
D) where both parties reside

Question 24

A divorce court must acquire personal jurisdiction over the respondent to enter valid orders relating to property division, alimony, and child support.

Question 25

If a dispute erupts after a separation agreement has been agreed to, the parties can attend

A) arbitration
B) mediation
C) liberation
D) consortium

Question 26

When neither spouse is found to have broken the wedding vows, a/an _____ cause of action can be filed.

A) no-fault
B) adultery
C) extreme cruelty
D) desertion

Question 27

Dick and Jane were married in State A, which is not a community property state. When they move to State B, which is a community property state, and seek a divorce, the laws of State B will apply

A) community property principles to divide property
B) equitable distribution principles to divide property
C) res judicata principles to divide property
D) None of these choices is correct.

Question 28

When one party breaches a term of a court-approved separation agreement, the other party may

A) either file suit for breach of contract or initiate contempt proceedings
B) file suit for breach of contract only
C) initiate contempt proceedings only
D) None of these choices is correct.

Question 29

Suggested guidelines for mediation are provided by the

A) American Bar Association
B) American Legion
C) American Arbitration Association
D) National Federation of Paralegal Associations

Question 30

Following mediation, the spouses should each seek to hire attorneys for further representation through the actual legal process of divorce. The attorneys they hire are usually called

A) review attorneys
B) finalization attorneys
C) courtroom attorneys
D) None of these choices is correct.

Question 31

_____ is final and unappealable.

A) Binding arbitration
B) A final judgment
C) A pendente lite order
D) A mediation decision

Question 32

A "peacemaker" is also known as a/an

A) mediator
B) therapist
C) arbitrator
D) None of these choices is correct.

Question 33

The Child Support Enforcement Act, as amended, can be used to enforce

A) both child support and alimony payments
B) child support payments only
C) alimony payments only
D) None of these choices is correct.

Question 34

Arbitrators

A) have broader powers than judges and are not limited by strict rules of evidence
B) have narrower powers than judges
C) are limited by strict rules of evidence
D) None of these choices is correct.

Question 35

Sonja and Paul dated each other for about two years before they became engaged. During that time, Paul gave Sonja numerous pieces of valuable jewelry. When they became engaged, Paul gave Sonja his grandmother's diamond ring. One month later, Paul's parents deeded to Sonja and Paul a house to occupy following their marriage. The couple argued and broke their engagement. Paul and Paul's parents initiated legal proceedings for the return of all gifts to Sonja by any or all of them. Under the law of most states, what is the most likely result?

A) Sonja will be required to return all gifts except those received before the engagement.
B) Sonja will be required to return all gifts.
C) Sonja will be required to return only the house.
D) Sonja will be required to return only the engagement ring.

Question 36

The distribution of assets accumulated by spouses during their marriage is known as

A) property division
B) alimony
C) liquidation in bankruptcy
D) consideration

Question 37

When a husband and a wife get together with a "peacemaker" to decide their settlement issues prior to a divorce, they are said to be in

A) mediation
B) love
C) therapy
D) arbitration

Question 38

If opposing attorneys and their clients agree that settlement without litigation is their primary goal, the attorneys may be practicing

A) collaborative law
B) arbitration law
C) meditation law
D) feng shui law

Question 39

A memorandum of understanding is

A) both prepared by the mediator at the end of mediation and acts as the basis of a separation and property settlement agreement
B) prepared by the mediator at the end of mediation only
C) the basis of a separation and property settlement agreement only
D) a letter to a client

Question 40

All states have established a minimum age at which parties can marry; however, this restriction may be waived if the

A) minor has consent of a parent or guardian
B) female applicant is pregnant
C) parties can convince a judge they are mature enough to marry
D) None of these choices is correct.

Question 41

Upon the conclusion of mediation, a memorandum of understanding, also called a/an _____, is prepared to record the results of the mediation.

Question 42

Spouses who do not want to go to the expense of hiring two attorneys for negotiating their divorce can opt to participate in _____.

Question 43

When a court presumes the parent who largely cared for the child is the parent who should have custody of that child, the court embraces the

A) primary caretaker doctrine
B) tender years doctrine
C) best interests of the child doctrine
D) res ipsa loquitur doctrine

Question 44

Under UCCJA provisions, the state where a child has lived for at least six months, or since birth if the child is less than six months old, is the child's

A) home state
B) residence
C) domiciliary detiente
D) None of these choices is correct.

Question 45

When a couple is on speaking terms and feels they can peacefully negotiate most of their personal issues, they can choose to participate in _____ to settle their divorce.

Question 46

The negatives of _____ include the fact that arbitrators do not have to give formal reasons for their decisions, arbitrators have to be paid, the decisions are typically binding, and no formal record is kept.

Question 47

A/An _____ is not a binding document but gives the attorneys a basis for a separation and property settlement agreement.

Question 48

_____ have broader powers than judges and are not limited by strict rules of evidence.

Question 49

_____ is a type of alternative dispute resolution hybrid that combines the mediation-based principle of nonlitigated settlement with strong attorney participation.

Question 50

To get a decision that is final and usually not appealable, disputing parties can choose _____.

Question 51

A person who acts as a negotiator or peacemaker between parties is known as a/an _____.

Question 52

The _____ is an organization that suggests rules for arbitrators to follow. American Arbitration Association