Question 1

At a(n)________,attorneys examine a witness under oath with a court reporter present.

Accepted Answer

The parties to a lawsuit may obtain testimony from a witness before trial through a deposition.At a deposition,attorneys examine a witness under oath.A court reporter (stenographer)records every word the witness and attorneys speak,and both parties receive a copy of the testimony in document form.

Question 2

Which of the following is a type of alternative dispute resolution (ADR)?

Accepted Answer

The term alternative dispute resolution (ADR)refers to the resolution of legal disputes through methods other than litigation,such as negotiation,mediation,arbitration,summary jury trials,minitrials,neutral case evaluations,and private trials.

Question 3

Which of the following is an extension of negotiation?

Accepted Answer

An extension of negotiation is mediation.In mediation,the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.

Question 4

Billy,a witness to a motor vehicle accident,is gravely ill with cancer.Pat,who was injured in the accident,would like to preserve Billy's testimony for trial in case he dies before the trial date.What should Pat do?

Accepted Answer

The parties may use depositions when a witness is elderly,moving,or ill and thus may be unavailable at the time of the trial.

Question 5

What is a summary jury trial?

Accepted Answer

A summary jury trial is an abbreviated trial that leads to a nonbinding jury verdict.Two advantages are inherent in this method of dispute resolution.First,it is quick; a summary jury trial lasts only a day.Second,because a jury offers a verdict,both parties get a chance to see how their case would fare before a jury of their peers.

Question 6

In which of the following do parties select a neutral third party and explain their respective positions to the neutral third party,who then evaluates the strengths and weaknesses of the case?

Accepted Answer

With early neutral case evaluation,the parties select a neutral third party and explain their respective positions to the neutral third party,who then evaluates the strengths and weaknesses of the case.The parties use this evaluation to reach a settlement.

Question 7

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

Accepted Answer

Several states allow private trials,an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.The cases are often heard privately to ensure confidentiality.

Question 8

When is an arbitrator's decision called an "award"?

Accepted Answer

The arbitrator's decision is called an award,even if no monetary compensation is awarded.

Question 9

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car.On what basis is Amber's testimony objectionable?

Accepted Answer

Hearsay is testimony about what a witness heard another person say.Hearsay is impermissible because the opposing attorney cannot question the person who made the original statement to determine the statement's veracity.

Question 10

In Hertz Corp.v.Friend,the United States Supreme Court set forth the "________" test as the appropriate test for determining a corporation's principle place of business for the purposes of diversity jurisdiction.

Accepted Answer

For purposes of federal court diversity jurisdiction,a corporation's "principal place of business" refers to the place,often called the "nerve center," from which the corporation's high-level officers directed,controlled,and coordinated the corporation's activities.

Question 11

Which of the following is an advantage of mediation?

Accepted Answer

The primary advantage of mediation is that it helps the disputing parties preserve their relationships.A second advantage is the possibility of finding creative solutions.A third advantage is the high level of autonomy mediation gives the participants.

Question 12

Which of the following is a reason that an arbitration award may be set aside under the Federal Arbitration Act?

Accepted Answer

The Federal Arbitration Act (FAA),the federal law enacted to encourage the use of arbitration,explicitly lists four grounds on which an arbitrator's award may be set aside: (1)The award was the result of corruption,fraud,or other undue means; (2)the arbitrator displayed bias or corruption; (3)the arbitrator refused to postpone the hearing despite sufficient cause,refused to hear relevant evidence,or otherwise misbehaved to prejudice the rights of one of the parties; (4)the arbitrator exceeded his or her authority or failed to use that authority to make a mutual,final,and definite award.

Question 13

Revenge.Jane,a first-year law student,while walking to school in inclement weather,accidentally slipped on ice knocking down Greg,another first-year law student,breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.Greg also decided to sue Jane for negligence,claiming as damages $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Greg sued Jane in state court.Jane,in the same lawsuit,brought an action against Greg for letting the air out of her tire.At trial in state court,Jane told the judge that a friend,Susie,told her that she saw Greg let the air out of Jane's tire.The judge disallowed Jane's testimony on that issue.Susie,however,who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Jane.Greg said that he was not giving up and that he would seek double damages on appeal in federal court.Jane and Greg live in different states when not attending school.After trial,Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg.Jane's action against Greg for the tire is called a(n)________.

Accepted Answer

If the defendant believes he has a claim against the plaintiff,he includes this counterclaim with the answer.The form of a counterclaim is identical to the form of a complaint.The defendant states the facts supporting his claim and asks for relief.

Question 14

What type of dispute resolution process is med-arb?

Accepted Answer

Med-arb is a dispute resolution process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration.In some cases,the same neutral third party may participate in both the mediation and the arbitration.

Question 15

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

Accepted Answer

The primary method of securing arbitration is through a binding arbitration clause,a provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration.The clause also typically states how the arbitrator will be selected.If parties have a binding arbitration agreement,the parties must resolve the dispute through arbitration.Both federal and state courts must uphold agreements to arbitrate.

Question 16

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance,claiming that the neighbor plays music too late at night.Candy puts Ann on the stand and asks her questions.Candy is involved in which of the following?

Accepted Answer

First,the plaintiff's attorney questions the witness in direct examination and asks the witness questions to elicit facts that support the plaintiff's case-in-chief.Direct examination questions must relate to matters about which the witness has direct knowledge.

Question 17

Which of the following is(are)positive about arbitration?

Accepted Answer

Arbitration may be preferable to litigation for several reasons.First,arbitration is more efficient and less expensive.Second,parties have more control over the process of dispute resolution through arbitration.They choose the arbitrator and determine how formal the process will be.Third,the parties can choose someone to serve as the arbitrator who has expertise in the specific subject matter.Fourth,the arbitrator has greater flexibility in decision-making than a judge has.Unlike judges,who are bound by legal precedent,arbitrators generally do not have to offer reasons for their decisions.

Question 18

The arbitrator typically provides a decision within ________ days of an arbitration hearing.

Accepted Answer

The arbitrator typically provides a decision within 30 days of the arbitration hearing.

Question 19

Which of the following is accurate regarding the speed and cost of alternative dispute resolution (ADR)?

Accepted Answer

ADR methods are generally faster and cheaper than litigation.According to the National Arbitration Forum,the average time from filing a complaint to judgment through litigation is 25 months.Because ADR is faster,it is usually cheaper.

Question 20

A private trial is an alternative dispute resolution method often referred to as ________.

Accepted Answer

Several states allow private trials,an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.The referees do not have to have any specific training; however,because retired judges often serve as referees,this method is often referred to as "rent-a-judge."

Quiz 3: The Uslegal System and Alternative Dispute Resolution

At a(n) ________,attorneys examine a witness under oath with a court reporter present.

Which of the following is a type of alternative dispute resolution (ADR) ?