Question 1

Critics of the private trial worry about

Accepted Answer

A)   a two-tier system of justice.
B)   the right to privacy.
C)   overworking the private courts with too many litigants.
D)   none of these answers are correct.E) None of the above
F) A) and B)

Question 2

One ADR process allows each party to make an abbreviated presentation to a panel, generally consisting of a senior manager or decision maker from each side and a judge or jointly selected neutral third party.After these presentations, the managers meet privately to try to negotiate a solution to the dispute.This process is known as

Accepted Answer

A)   arbitration.
B)   mediation.
C)   a minitrial.
D)   a summary jury trial.E) C) and D)
F) All of the above

Question 3

Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

Accepted Answer

A)   Opening statements by the parties are allowed.
B)   There is strict adherence to the rules of evidence.
C)   Direct and cross-examination of witnesses are permitted.
D)   Arbitration hearings are generally not open to the public.E) A) and B)
F) A) and C)

Question 4

Sources of dissatisfaction with the legal system include

Accepted Answer

A)   the costs associated with overpreparation of cases for trial.
B)   legal strategies of attrition.
C)   the lawyer's failure to examine critically the strength of his or her own case early in the litigation process.
D)   none of the above.E) All of the above
F) B) and C)

Question 5

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Accepted Answer

Voluntary arbitration is a process in wh...

Question 6

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Accepted Answer

A) True 
 B)False  False

Question 7

The State of Missouri Bar Association has proposed an amendment to the state's Code of Attorney's Professional Responsibility to require that lawyers discuss ADR alternatives as well as litigation with clients.Attorney I.M.Fearless opposes this rule.He believes that ADR imposes additional costs and delays on clients and is primarily proposed to discourage clients from exercising their rights to a jury trial (thereby reducing the need for increased court funding).What arguments can you make to rebut Fearless?

Accepted Answer

There are several arguments that can be ...

Question 8

Judicially hosted settlement conferences

Accepted Answer

A)   are technically a step in the litigation process.
B)   are used by judges and lawyers as an informal method for resolving disputes without trial.
C)   can help get discussions beyond the lawyer's puffery.
D)   all of the above.E) All of the above
F) B) and C)

Question 9

Which of the following is a technique used by both the court annexed and voluntary ADR?

Accepted Answer

A)   Mediation
B)   Minitrials
C)   Arbitration
D)   All of the answers are correctE) A) and D)
F) B) and D) D

Question 10

Which of the following statements about mediation is false?

Accepted Answer

A)   Mediators have no formal power to render a decision, but rather act as facilitators for dispute resolution.
B)   Mediation is nonbinding.
C)   There are fewer enforcement issues with mediation because the process produces an agreement between the parties.
D)   All mediation is court annexed.E) None of the above
F) A) and B)

Question 11

Mediation is less expensive than litigation.

Accepted Answer

A) True 
 B)False

Question 12

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Accepted Answer

A) True 
 B)False

Question 13

A "neutral" is a person specially trained in the subject matter of a claim.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements about summary jury trials is false?

Accepted Answer

A)   Summary jury trials are never court annexed.
B)   A summary jury trial allows the attorneys to have a practice trial and can be helpful in determining the appropriate damage award.
C)   In a summary jury trial each side presents a summary of its case to five or six jurors.
D)   The jury's decision is nonbonding in a summary jury trial.E) C) and D)
F) None of the above A

Question 15

Online dispute resolution is not well respected and few legitimate organizations would use it.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements about mediators is NOT true?

Accepted Answer

A)   They help disputants narrow the issues.
B)   They look for areas in which the parties have a common interest as well as alternatives for resolving the dispute.
C)   They encourage the parties to focus on only one solution.
D)   All of the above are correct.E) A) and B)
F) A) and C)

Question 17

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Accepted Answer

A)   plaintiff is entitled to a judgment of $200,000.
B)   the defendant can immediately appeal the award, but if he fails to appeal, a default judgment will be entered.
C)   only the plaintiff, not the doctor can appeal the award, if he believes the amount is inadequate.
D)   while the verdict is nonbinding the verdict can serve as a basis for settlement negotiations.E) None of the above
F) A) and B)

Question 18

Minitrials are particularly appropriate when

Accepted Answer

A)   cases will be easy to settle.
B)   cases have been difficult to settle.
C)   the Seventh amendment compels a jury trial.
D)   none of these answers is correct.E) A) and B)
F) A) and C)

Question 19

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Accepted Answer

A) True 
 B)False

Question 20

Your neighbor has a very loud bird that screeches loudly at all hours of the day and night.You have not slept well in months and feeling exhausted and stressed.You've spoken to your neighbor, who has agreed it is a problem, but the problem has not gotten any better.You believe that ADR would be an effective way to resolve this.Which ADR technique would you select and why?

Accepted Answer

I would select mediation as the ADR tech...

Exam 14: Alternative Dispute Resolution

Critics of the private trial worry about

Correct Answer
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Correct Answer
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Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

Correct Answer
verified

Sources of dissatisfaction with the legal system include

Correct Answer
verified

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Correct Answer
Answered by ExamLex AI
Voluntary arbitration is a process in wh...
View Answer

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Correct Answer
verified
False

Correct Answer
Answered by ExamLex AI
There are several arguments that can be ...
View Answer

Judicially hosted settlement conferences

Correct Answer
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Which of the following is a technique used by both the court annexed and voluntary ADR?

Correct Answer
verified
D

Which of the following statements about mediation is false?

Correct Answer
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Mediation is less expensive than litigation.

Correct Answer
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In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Correct Answer
verified

A "neutral" is a person specially trained in the subject matter of a claim.

Correct Answer
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Which of the following statements about summary jury trials is false?

Correct Answer
verified
A

Online dispute resolution is not well respected and few legitimate organizations would use it.

Correct Answer
verified

Which of the following statements about mediators is NOT true?

Correct Answer
verified

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Correct Answer
verified

Minitrials are particularly appropriate when

Correct Answer
verified

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
I would select mediation as the ADR tech...
View Answer

Exam 14: Alternative Dispute Resolution

Critics of the private trial worry about

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is NOT correct about the usual way that arbitration hearings are conducted?

Correct AnswerverifiedShow Answer

Sources of dissatisfaction with the legal system include

Correct AnswerverifiedShow Answer

Explain the differences between voluntary and court-annexed arbitration and identify an ADR technique that would be appropriate under each.

Correct AnswerAnswered by ExamLex AIVoluntary arbitration is a process in wh...View AnswerShow Answer

The proper role of a judge in a settlement conference is clearly laid out in the procedural rules.

Correct AnswerverifiedFalse

Correct AnswerAnswered by ExamLex AIThere are several arguments that can be ...View AnswerShow Answer

Judicially hosted settlement conferences

Correct AnswerverifiedShow Answer

Which of the following is a technique used by both the court annexed and voluntary ADR?

Correct AnswerverifiedD

Which of the following statements about mediation is false?

Correct AnswerverifiedShow Answer

Mediation is less expensive than litigation.

Correct AnswerverifiedShow Answer

In voluntary ADR methods, the rules that govern the proceedings are generally the same as those used in the trial court that would have jurisdiction over the matter.

Correct AnswerverifiedShow Answer

A "neutral" is a person specially trained in the subject matter of a claim.

Correct AnswerverifiedShow Answer

Which of the following statements about summary jury trials is false?

Correct AnswerverifiedA

Online dispute resolution is not well respected and few legitimate organizations would use it.

Correct AnswerverifiedShow Answer

Which of the following statements about mediators is NOT true?

Correct AnswerverifiedShow Answer

Roger Lockhart, a teenager, lost the sight in one of his eyes.He alleged that this was due to the negligence of Dr.Ramon Patel.A summary jury trial, a form of ADR, was conducted, and the jury found that the defendant should be responsible for $200,000.The effect of that will be that

Correct AnswerverifiedShow Answer

Minitrials are particularly appropriate when

Correct AnswerverifiedShow Answer

In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings.

Correct AnswerverifiedShow Answer

Correct AnswerAnswered by ExamLex AII would select mediation as the ADR tech...View AnswerShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
Answered by ExamLex AI
Voluntary arbitration is a process in wh...
View Answer

Correct Answer
verified
False

Correct Answer
Answered by ExamLex AI
There are several arguments that can be ...
View Answer

Correct Answer
verified

Correct Answer
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D

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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A

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
I would select mediation as the ADR tech...
View Answer