Deck 10: Settlement and Other Alternative Dispute Resolutions

Question 1

An arbitration hearing is similar to a trial, but more informal.

Answer 1

True

Question 2

Pain and suffering is the same as loss of enjoyment of life.

Answer 2

False

Question 3

Arbitration usually takes less time than a trial.

Answer 3

True

Question 4

Pain and suffering is an example of exemplary damages.

Question 5

All witnesses must attend pretrial conferences.

Question 6

Future losses are not valid damage claims.

Question 7

A letter may be a sufficient settlement request in small cases.

Question 8

LOELs are punitive damages.

Question 9

A settlement brochure is more effective if it has an emotional impact.

Question 10

Because they communicate most closely with clients, paralegals are best equipped to accept offers of settlement.

Question 11

Local practice helps determine procedure in pretrial conferences.

Question 12

If a plaintiff has not seen a doctor, used home remedies, or missed work, that plaintiff's injury claim is suspect.

Question 13

An adjudication on the merits leaves issues that can be brought up at trial.

Question 14

Abilities of opposing attorneys should be researched for trial but are not important in settlement considerations.

Question 15

Discovery is not available in arbitration.

Question 16

Federal courts discourage ADR.

Question 17

A party's social standing is not involved in the settlement process.

Question 18

The defense usually prepares a settlement brochure.

Question 19

The paralegal should keep the insurance adjuster informed.

Question 20

The settlement request usually comes from the plaintiff.

Question 21

In preparing a settlement précis or in discussions with the adverse party's attorney, the paralegal ​

A) needs to be cautious about revealing too much information. ​
B) ​ has no need to seek the guidance of the attorney.
C) ​ has no need to be concerned about revealing confidential information.
D) ​ has no need to be concerned about any embarrassment to the client.

Question 22

The primary role of the paralegal in the settlement process is to ​

A) negotiate with the adverse party. ​
B) ​ organize information.
C) ​ put information in a persuasive, presentable format.
D) ​ arbitrate the case.

Question 23

Mediation is not suitable in complex cases.

Question 24

Mediators must be selected by judges.

Question 25

Paralegals may serve as mediators.

Question 26

There is no burden of persuasion in mediation.

Question 27

The percentage of civil cases that are settled is _____ percent. ​

A) 70-75 ​
B) ​ 50
C) ​ 80
D) ​ 98

Question 28

A well-prepared settlement proposal usually ​

A) prolongs a case. ​
B) ​ is unproductive.
C) ​ assists in the preparation for trial.
D) ​ is of little value in preparing for trial.

Question 29

Early case assessment reduces discovery costs.

Question 30

The focus of a settlement conference is broader than that of a pretrial conference.

Question 31

An offer of judgment shifts trial costs to an unreasonable party.

Question 32

Verdicts in summary jury trials are binding.

Question 33

Mediation focuses on future rather than past conduct.

Question 34

Paralegal tasks for ADR are similar to those for trial.

Question 35

The decision to accept settlement is made by the ​

A) judge. ​
B) ​ attorney.
C) ​ client.
D) ​ mediator.

Question 36

The standard of proof in arbitration varies.

Question 37

A high-low agreement is the usual result of mediation.

Question 38

Arbitration decisions cannot be appealed to the courts.

Question 39

It is best to prepare a settlement proposal ​

A) even before investigation. ​
B) ​ as early in the case as investigation and discovery will permit.
C) ​ just before the final pretrial conference.
D) ​ just before trial.

Question 40

A client may be required to attend the pretrial conference.

Question 41

Calculating damages does not include ​

A) losses that occurred before the cause of action. ​
B) ​ losses that occurred since the cause of action.
C) ​ losses that are anticipated but have not yet occurred.
D) ​ hedonic damages.

Question 42

Mediation ​

A) ​ is adversarial.
B) ​ can be voluntary or mandatory.
C) ​ is a formal courtroom process.
D) ​ requires a burden of proof.

Question 43

Preparing for settlement on behalf of an insurance company ​

A) ​ is completely different from preparing for settlement on behalf of the plaintiff.
B) ​ is similar to preparing for settlement for the plaintiff with the exception of investigation.
C) ​ requires much less contact with the client.
D) ​ is similar to preparing for settlement for the plaintiff with the exception of the précis and brochure.

Question 44

A trial de novo is a ​

A) ​ trial as if no previous hearing or arbitration had been held.
B) ​ trial before a novice judge.
C) ​ form of arbitration.
D) ​ highly publicized trial.

Question 45

Federal Rule 41(a)(1) and parallel state rules ​

A) permit the plaintiff's application for an order to dismiss an action only if it comes prior to the serving of the answer. ​
B) ​ permit the application for an order to dismiss an action after the answer is served if both parties stipulate to the dismissal.
C) ​ require the judge to approve the terms of settlement.
D) ​ require a consent decree and order.

Question 46

Court-annexed arbitration ​

A) ​ may end in mediation.
B) ​ may end in a trial de novo.
C) ​ must be requested by parties.
D) ​ is required in all federal cases.

Question 47

A pretrial conference ​

A) ​ is governed by Rule 13 in the federal rules.
B) ​ is designed to narrow the issues for trial.
C) ​ may not be used to encourage settlement.
D) ​ cannot be used to judicially manage the case.

Question 48

When an action is dismissed with prejudice, the action ​

A) ​ may not be brought again.
B) ​ may be brought again.
C) ​ must be arbitrated.
D) ​ must be mediated.

Question 49

In regard to a pretrial conference, a task the paralegal should leave to the attorney is to ​

A) ​ docket reminders of the date of the conference for both attorney and paralegal.
B) ​ see that client has signed all needed authorizations.
C) prepare summaries and gather supporting documents and legal memoranda for the attorney to take to conference. ​
D) ​ advise client on what a reasonable settlement range will be.

Question 50

The settlement brochure should include the ​

A) personal history of plaintiff. ​
B) ​ medical history of defendant.
C) ​ pleadings.
D) ​ motions.

Question 51

Which of the following example damage calculation formulas is not correct? ​

A) ​ Future medical costs: current daily cost times the number of days needed per year times the number of years times adjustments for growth in medical cost and reduced for present cash value
B) ​ Future wages cost if victim deceased: most recent normal year's wages times years of work expectancy times percent reduction to present cash value
C) ​ Personal property damage if item destroyed: market value less salvage
D) ​ Real property, temporary damage: reduction in rental or other profit value plus injury to crops, buildings, and improvements plus restoration costs plus any applicable interest

Question 52

The defense ​

A) ​ never proposes a settlement.
B) ​ only reacts to the plaintiff's request for settlement.
C) ​ seldom prepares a settlement brochure.
D) ​ derives no advantage from settlement.

Question 53

Arbitration is ​

A) ​ required by the Federal Arbitration Act.
B) ​ not allowed in interstate commerce contracts.
C) ​ always preferable at litigation.
D) ​ a private contractual process.

Question 54

The settlement brochure ​

A) should be informal, like a family scrapbook. ​
B) ​ tells the opposition that you are ready and will likely win.
C) ​ should avoid using statements of doctors and witnesses that advocate the deserving nature of the client.
D) ​ is most effective if it is no longer than two pages.

Question 55

Arbitration ​

A) ​ is less formal than mediation.
B) ​ imposes a burden of persuasion.
C) ​ is adversarial.
D) ​ is always voluntary.

Question 56

The judge's review and approval are required for the ​

A) release. ​
B) ​ settlement agreement.
C) ​ consent decree and order.
D) ​ stipulation and order for dismissal.

Question 57

Producing a settlement brochure ​

A) ​ is too expensive for most cases.
B) ​ must be done by professional printers.
C) ​ is not a good use of resources if liability is unclear.
D) ​ requires avoidance of emotional issues.

Question 58

Voluntary arbitration ​

A) is controlled by the courts. ​
B) ​ allows parties to set guidelines.
C) ​ is always binding.
D) ​ is a very formal process.

Question 59

A release in the context of settlement is ​

A) ​ a document signed by the defendant to release medical or similar records.
B) ​ a document, signed usually by the plaintiff, releasing the defendant from liability.
C) ​ a long and complex document setting out the terms of settlement.
D) ​ the judge's certification of the agreement.

Question 60

Appeal from an arbitration decision is ​

A) ​ limited to the National Arbitration Board.
B) ​ based on a wide array of grounds.
C) ​ usually successful.

Question 61

What are the advantages of settlement over trial?

Question 62

How can a video camera help in preparing for settlement?

Question 63

Collaborative law is the process of ​

A) attorneys for opposing sides agreeing to work together for a settlement. ​
B) ​ attorneys and paralegals working together for a settlement advantageous to their client.
C) ​ a judge working with both sides to reach settlement.
D) ​ mediators working with attorneys to reach settlement.

Question 64

Describe the usual setting and participants for a pretrial conference. What is added to the expanded federal pretrial conference process?

Question 65

Which of the following are true of arbitration, and which are true of mediation?
a. uses statement of claim
b. parties reach mutual agreement
c. burden of persuasion is set
d. is more adversarial
e. focuses on future rather than past conduct
f. can be voluntary or mandatory
g. less formal

Question 66

International business disputes ​

A) always go to trial. ​
B) ​ are negotiated privately because there are no international arbitration rules.
C) ​ are all subject to United Nations rules.
D) ​ are subject to arbitration clauses in about 80 percent of international business agreements.

Question 67

How does summary trial lead to settlement?

Question 68

Rules for mediation arise from ​

A) state rules of procedure. ​
B) ​ Federal Rule 38.
C) ​ the court.
D) ​ the participants.

Question 69

Alternative dispute resolution ​

A) ​ is seldom successful.
B) ​ is growing as an alternative to trial.
C) ​ does not work in family disputes.
D) ​ is expensive.

Question 70

Define mandatory arbitration clause and state the concerns stemming from the expanded use of such clauses.

Question 71

Why is it important to have the client sign an authorization for the attorney to settle? ​

Question 72

What is court-annexed arbitration?

Question 73

What are the ethical concerns of a paralegal discussing settlement with a client?

Question 74

List three types of settlement requests from least to most expensive.

Question 75

Describe med-arb.