Question 1

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

Accepted Answer

The answer of A third party usually selected by just...

Question 2

___________________is the use of a neutral third party to encourage and assist parties to voluntarily resolve their dispute. The person conducting the process is called a __________________.

Accepted Answer

The answer of ___________________is the use of a neutral third...

Question 3

Yaleta is a country of two hundred thousand people on a medium size island in the South Atlantic. Legal matters are decided by elected Law Gurus. The people of Yaleta over one thousand years ago wrote a comprehensive code to guide the Gurus. When subjects bring cases before them, the Gurus
Control the flow of information and ask questions of the parties, consult the codes, and make binding decisions. The rulings are recorded but the reasons are not; the Gurus believe the only law they need to consult is the code. Often the traders in Yaleta will consult these codes to determine probable legal outcomes. This system most closely resembles
A)an adversary law system.
B)an inquisitorial system.
C)an equity system.
D)a common law system.

Accepted Answer

The description of the legal system in Yaleta, where Law Gurus control the flow of information, ask questions, consult a comprehensive code, and make binding decisions without recording the reasons, closely resembles an inquisitorial system. This system is characterized by the active role of the judge or decision-maker in investigating the case, asking questions, and making decisions based on codified laws, as opposed to relying on the adversarial presentation of evidence and arguments by the parties involved.

Question 4

A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is __________________ .

Accepted Answer

The answer of A broad term used to describe methods...

Question 5

Which of the following behaviors would be considered unethical behavior by an attorney?
A)reporting a crime that the lawyer witnesses
B)encouraging a client to drop a lawsuit because, in the attorney's opinion, it is a poor choice to continue
C)allowing a client to testify in a trial
D)using a client's funds for a short-term personal loan

Accepted Answer

Using a client's funds for a short-term personal loan is unethical because it violates the duty of loyalty and the obligation to safeguard client property.

Question 6

With a few exceptions, a person may appear ____________ , or in other words, may represent himself or herself in court without the presence of an attorney.

Accepted Answer

The answer of With a few exceptions, a person may...

Question 7

______________ occurs when parties in conflict select a neutral third party, the ________________ , to hear and decide their dispute. He or she is essentially a private judge whose decision can be legally binding.

Accepted Answer

The answer of ______________ occurs when parties in conflict select...

Question 8

A person in a position of trust who undertakes to act for another with scrupulous good faith and honesty is called a _________________ .

Accepted Answer

The answer of A person in a position of trust...

Question 9

________________ refers to rules of conduct by which individuals, social groups, and societies evaluate their actions from the perspective of moral principles and values.

Accepted Answer

The answer of ________________ refers to rules of conduct by...

Question 10

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

Accepted Answer

The answer of ________________ may be defined as communication for...

Question 11

When an attorney at law represents a new client, who is suing a former client, there is probably a _____________________.

Accepted Answer

The answer of When an attorney at law represents a...

Question 12

Practicing law without a license is a ___________ .

Accepted Answer

The answer of Practicing law without a license is a...

Question 13

Columba is a country of one hundred thousand people on a small island in the South Pacific. Legal matters are decided by elected Law Sitters. When subjects bring cases before the Law Sitters, each is responsible for presenting their legal and factual arguments. The primary law of Columba comes from the Book of Rapunzel, which provides rules of conduct and guidelines of behavior. In the hearings, the Law Sitters ask few questions. They rule in favor of the party they believe presented the most believable facts consistent with the rules found in the Book of Rapunzel. This system most closely resembles
A)an adversary system.
B)an inquisitorial system.
C)an equity system.
D)a common law system.

Accepted Answer

In the described system, parties are responsible for presenting their own cases, and the decision is made based on the persuasiveness and consistency of their arguments with the established rules, which is characteristic of an adversary system.

Question 14

Which sentence best describes private judging.
A)An arbitration that preserves and allows an appeal into the judicial system for the same reasons or grounds as an appeal from a trial court.
B)A group of private executives from each side of the dispute who hear and render an advisory opinion to a judge who then renders a decision.
C)to facilitate access to traditional systems of providing justice
D)A non-binding arbitration

Accepted Answer

Private judging refers to a form of arbitration where the parties involved hire a retired judge or an experienced attorney to act as a judge in their case. This process is designed to be similar to a court trial but occurs outside the traditional court system. The key feature of private judging is that it allows for an appeal into the judicial system for the same reasons or grounds as an appeal from a trial court, which distinguishes it from other forms of alternative dispute resolution like mediation or non-binding arbitration.

Question 15

One variation of arbitration called ____________ combines mediation and arbitration.

Accepted Answer

The answer of One variation of arbitration called ____________ combines...

Question 16

In all states, communications made by the client to the attorney are _______________ , meaning the client has the right to have such communications remain confidential. This is called the_______________ .

Accepted Answer

The answer of In all states, communications made by the...

Question 17

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?
A)If the party sues on a contract with an arbitration clause they are deemed to forfeit the dispute.
B)Because one of the parties began the judicial process the judicial process must be completed before any arbitration can proceed.
C)If the party sued rather than began the arbitration, the case can no longer be arbitrated.
D)You have options. You could either answer the lawsuit and continue in litigation or make a motion to the court to compel arbitration.

Accepted Answer

Arbitration clauses in contracts typically allow for disputes to be resolved through arbitration rather than litigation. If a party sues despite an arbitration clause, the other party has the option to either proceed with litigation by answering the lawsuit or request the court to enforce the arbitration agreement by filing a motion to compel arbitration.

Question 18

________________ is a non-binding part of process that parties in some states are required to participate in before they can go to trial.

Accepted Answer

The answer of ________________ is a non-binding part of process...

Question 19

Under the terms of a contract between a supplier and a retailer, disputes concerning coverage were to be submitted to a three-member board, which would render a decision. One member of the board was selected by the retailer, and one by the supplier. Those two members then selected the third. What type of ADR is this?
A)Negotiation
B)Mediation
C)Arbitration
D)Litigation

Accepted Answer

This describes arbitration, where a neutral third party (or parties) makes a decision regarding a dispute. In this case, the three-member board acts as the arbitrator(s).

Question 20

One of the advantages of mediation over arbitration is that
A)the parties retain the power and control over the dispute.
B)the mediator has the power and control over the dispute.
C)in mediation an outcome or decision is certain to occur at the end of the mediation.
D)the procedures and structure of a mediation process are generally more rigid than in an arbitration process.

Accepted Answer

In mediation, the parties involved retain control over the outcome of the dispute, as the mediator facilitates the process but does not impose a decision. This contrasts with arbitration, where an arbitrator makes a binding decision.

Quiz 4: Attorney-Client Relationship and Dispute Resolution

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

_is the use of a neutral third party to encourage and assist parties to voluntarily resolve their dispute. The person conducting the process is called a .

A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is __________________ .

Which of the following behaviors would be considered unethical behavior by an attorney?

With a few exceptions, a person may appear ____________ , or in other words, may represent himself or herself in court without the presence of an attorney.

occurs when parties in conflict select a neutral third party, the __ , to hear and decide their dispute. He or she is essentially a private judge whose decision can be legally binding.

A person in a position of trust who undertakes to act for another with scrupulous good faith and honesty is called a _________________ .

________________ refers to rules of conduct by which individuals, social groups, and societies evaluate their actions from the perspective of moral principles and values.

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

When an attorney at law represents a new client, who is suing a former client, there is probably a _____________________.

Practicing law without a license is a ___________ .

Which sentence best describes private judging.

One variation of arbitration called ____________ combines mediation and arbitration.

In all states, communications made by the client to the attorney are _ , meaning the client has the right to have such communications remain confidential. This is called the_ .

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?

________________ is a non-binding part of process that parties in some states are required to participate in before they can go to trial.

One of the advantages of mediation over arbitration is that