Question 1

Juries do not preside over administrative proceedings.

Accepted Answer

Juries are only present in criminal and civil trials, not in administrative proceedings.

Question 2

When can an appeal be made? Discuss its consequences.

Accepted Answer

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Question 3

What is the purpose of a pretrial hearing?

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Question 4

Unlike a mediator,an arbitrator does not make a decision or an award.

Accepted Answer

Unlike the statement, an arbitrator does make a decision or an award after hearing both sides of the dispute.

Question 5

Negotiation may take place either before a lawsuit is filed,after a lawsuit is filed,or before other forms of alternative dispute resolution are used.

Accepted Answer

Negotiation can occur at any point in the dispute resolution process, including before a lawsuit is filed, after a lawsuit is filed, or before other forms of alternative dispute resolution are used.

Question 6

A virtual courthouse refers to a court that either mandates or permits the electronic filing of pleadings,briefs,and other documents related to a lawsuit.

Accepted Answer

A virtual courthouse allows for electronic filing of legal documents related to a lawsuit.

Question 7

While settling a dispute online,the parties must legally be represented by attorneys.

Accepted Answer

While parties do have the option to hire attorneys to represent them during online dispute resolution, it is not legally required. Some online platforms even offer the option for parties to resolve their disputes without the involvement of attorneys.

Question 8

Discuss the importance of the delegation doctrine to administrative agencies.

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Question 9

Why does a class action occur? How does one maintain a class action lawsuit?

Accepted Answer

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Question 10

How is a jury selected for a trial?

Accepted Answer

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Question 11

A settlement agreement is only effective if all sides involved in the dispute sign it.

Accepted Answer

A settlement agreement is a voluntary resolution of a dispute between parties, and it only becomes binding if all parties sign it. Without the signatures of all involved parties, the settlement agreement does not hold legal weight.

Question 12

The courts have upheld the combined delegated power of administrative agencies as being unconstitutional.

Accepted Answer

The courts have generally upheld the combined delegated power of administrative agencies as being constitutional. Administrative agencies have been granted the power to make rules and regulations, investigate and enforce violations, and adjudicate disputes within their respective areas of expertise. This delegation of power is typically considered a valid exercise of Congress's authority to delegate power under the Constitution's Necessary and Proper Clause. However, courts have occasionally struck down specific delegations of power as unconstitutional if they violate the Constitution's separation of powers requirements.

Question 13

Compare and contrast motion for judgment on the pleadings and motion for summary judgment.

Accepted Answer

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Question 14

Why are businesses and individuals increasingly opting for a nonjudicial dispute resolution?

Accepted Answer

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Question 15

State administrative agencies are empowered to enforce state statutes.

Accepted Answer

State administrative agencies are established to enforce and implement state statutes, regulations, and policies. They have the power to investigate and adjudicate cases related to their specific jurisdiction and can levy fines and penalties on violators.

Question 16

What is the procedure to be adopted by a party to initiate a lawsuit?

Accepted Answer

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Question 17

An appellate court will reverse a lower court decision if it finds an error of law in the record.

Accepted Answer

An appellate court's primary function is to review lower court decisions for legal errors, and if a legal error is found, the appellate court can reverse or modify the lower court's decision.

Question 18

Where an enabling statute does not provide for judicial review of administrative agency actions,the Administrative Procedure Act authorizes judicial review of federal administrative agency actions.

Accepted Answer

The Administrative Procedure Act (APA) does provide for judicial review of federal administrative agency actions, even when the enabling statute for the agency does not. This is one of the key purposes of the APA, to establish a uniform framework for judicial review of agency actions.

Question 19

How has the Internet revolutionized the way lawyers and courts operate?

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Question 20

Analyze how facts pertaining to a case are uncovered in the process of discovery.

Accepted Answer

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Quiz 4: Judicial Alternative Administrative and E-Dispute Resolution