Deck 6: Law and Dispute Resolution

Question 1

The following is a type of dispute resolution:

A) dueling
B) feuding
C) supernatural intervention
D) all of the above

Answer 1

D

Question 2

In some societies, the singing of rude songs would constitute what type of dispute resolution?

A) shaming
B) ritualism
C) violence
D) religion

Answer 2

A

Question 3

Inaction as a method of coping with disputes is called _____________.

A) ignorance
B) lumping it
C) forgetting it
D) withdrawal

Answer 3

B

Question 4

Limiting relationships with other disputants is which method of coping with disputes?

A) lumping it
B) withdrawal
C) avoidance
D) dueling

Question 5

The principal components of dispute resolution are _____________.

A) lumping, resolution, and withdrawal
B) negotiation, acceptance, and resolution
C) negotiation, mediation, and arbitration
D) negotiation, mediation, and resolution

Question 6

Type of dispute resolution process which takes place when disputants seek to resolve their disagreements without the help of neutral third parties:

A) arbitration
B) resolution
C) avoidance
D) negotiation

Question 7

A basic requirement for successful negotiation is _____________.

A) making sure all parties are satisfied
B) desire to settle the dispute without escalation
C) desire to settle the dispute without presenting evidence
D) insuring gains and losses cancel each other out

Question 8

A dispute resolution method that interposes a disinterested and noncoercive third party between the disputants:

A) mediation
B) arbitration
C) negotiation
D) resolution

Question 9

Ideally, both parties in mediation should _____________.

A) have confidence in the mediator
B) be willing to listen to the advice of the mediator
C) consider the mediator as impartial
D) all of the above

Question 10

The ombudsman process is related to _____________.

A) litigation process
B) arbitration process
C) mediation process
D) arraignment process

Question 11

A public and formal method of dispute resolution:

A) mediation
B) arbitration
C) feuding
D) adjudication

Question 12

The rent-a-judge process is closely related to _____________.

A) the ombudsman process
B) mediation
C) arbitration
D) adjudication

Question 13

In 2009, the number of lawsuits filed in federal district courts was _____________.

A) 200,000
B) 400,000
C) 540,000
D) 780,000

Question 14

In 1989, ___________ new civil cases were filed in state and federal court.

A) 1 million
B) 7 million
C) 12 million
D) 18 million

Question 15

In 2009, almost ________ new appeals were filed.

A) 84,000
B) 100,000
C) 113,000
D) 219,000

Question 16

The cost of tort litigation in the U.S in 2008:

A) $100 billion
B) $340 billion
C) $590 billion
D) $612 billion

Question 17

Tort litigation primarily involves _____________.

A) contract cases
B) personal injury cases
C) employment cases
D) none of the above

Question 18

Which of the following is not an explanation for the increase in civil litigation over time?

A) lawsuits are good for America
B) television portrayal of court as entertainment
C) all parties benefit from lawsuits
D) increase in the number of lawyers

Question 19

What Supreme Court decision in 1964 caused prisoner lawsuits to increase?

A) The decision to allow prisoners to sue state correctional officials.
B) The decision to allow standards of care to be lowered.
C) The decision to restrict parole to some inmates.
D) The decision to allow permanent solitary confinement.

Question 20

Prisoners' lawsuits make up what percentage of all civil lawsuits?

A) 10%
B) 20%
C) 30%
D) 40%

Question 21

Which of the following is not a way that courts contribute to dispute settlements?

A) Courts authoritatively resolve disputes.
B) Courts provide guarantee of compliance.
C) Courts can decrease the cost of disputing.
D) Courts ratify private settlements.

Question 22

How long does can a typical, uncomplicated civil case in Japan take to be heard?

A) 6 months
B) no more than 32 days
C) 1-3 years
D) 5-10 years

Question 23

The number of attorneys in Japan is approximately _____________.

A) 12,000
B) 100,000
C) twice that of the United States
D) half that of the United States

Question 24

Which of the following is not a prerequisite for the use of courts in dispute resolution?

A) justiciability
B) the defendants are above the poverty level
C) standing
D) de minimus non curat lex

Question 25

What is a "one-shotter"?

A) a quick court case
B) a court case with no appeals
C) a type of litigant
D) lawsuits against administrative agencies

Question 26

Which of the following is not an individual dispute?

A) a case contesting a will
B) a custody case
C) a malpractice suit
D) a lawsuit filed by an individual against an organization

Question 27

Since 1950, there have been ________ cases against the Catholic clergy costing more than ________.

A) 7,500; $140 million
B) 11,000; $900 million
C) 12,000; $1 billion
D) 20,000; $4 billion

Question 28

All of the following are general categories of disputes between individuals and organizations except _____________.

A) copyright disputes
B) civil rights
C) money disputes
D) claims for damages

Question 29

Civil rights disputes include claims of discrimination by _____________.

A) national origin
B) sex
C) race
D) all of the above

Question 30

Which term means "the sins of the employee are imputed to the employer"?

A) respondent responder
B) respondeat superior
C) superior respondent
D) responder superior

Question 31

"Smelly Tramps, Ltd." is an example of what type of sanction?

A) impersonal pressure
B) judgment
C) lien
D) dunning

Question 32

Which of the following is not a general type of organizational conflict?

A) individual lawsuit against an organization
B) conflict between organizational groups
C) conflict between organizations
D) All of the above are types of organizational conflict.

Question 33

What term is used to describe the activities of foundation-supported law firms that represent environmentalists and civil rights?

A) good-cause law
B) public-interest law
C) nonprofit law
D) public-relations law

Question 34

From which demographic group do environmentalists draw most of their support?

A) young, multi-ethnic
B) white, upper-class
C) multi-ethnic, lower-income
D) white, middle class

Question 35

Which of the following best describes the number of environmental disputes in industrialized countries?

A) steady rise
B) steady decline
C) sudden rise after 1978
D) sudden fall after 2001

Question 36

A mediator can only be chosen by the disputants.

Question 37

In arbitration, a third party makes the final binding decision for the disputants.

Question 38

The rent-a-judge process is a hybrid dispute resolution process.

Question 39

The litigation rates in Japan are relatively low.

Question 40

Filing a case means that it will be judicially resolved.

Question 41

Using court services for dispute resolution is voluntary for plaintiffs.

Question 42

A divorce proceeding is an example of an economic individual dispute.

Question 43

In disputes over property and money, organizations are usually the plaintiff.

Question 44

Almost all disputes in academe are a result of the faculty-administration relationship.

Question 45

In institutions of higher learning, students are entitled to due process before disciplinary action.

Question 46

Describe the various methods of resolution for non-legal disputes. Explain how these methods can vary depending on the society.

Question 47

Compare and contrast the primary methods of dispute resolution and hybrid-dispute resolution processes. Use example of each to illustrate your answer.

Question 48

Explain in detail how prisoner rights relate to the amount of litigation in the United States. Use examples when necessary.

Question 49

Compare the four types of litigants by describing the relationship between the involved parties and the type of lawsuit typically found in each relationship.

Question 50

What is the role of litigation in institutions of higher learning? Include a discussion of the areas for potential conflict found in academe.