What is a summary jury trial?
A. An abbreviated trial that leads to a nonbinding jury verdict.
B. An unabbreviated trial that leads to a binding jury verdict.
C. An abbreviated trial that leads to a binding jury verdict.
D. An abbreviated trial leading to a binding verdict in which only a few witnesses are called to the stand.
E. A binding trial conducted by a panel of mediators after a failed mediation.
A. An abbreviated trial that leads to a nonbinding jury verdict.
B. An unabbreviated trial that leads to a binding jury verdict.
C. An abbreviated trial that leads to a binding jury verdict.
D. An abbreviated trial leading to a binding verdict in which only a few witnesses are called to the stand.
E. A binding trial conducted by a panel of mediators after a failed mediation.
Which of the following is true regarding the use of arbitration and mediation in e-commerce cases?
A. Increasingly, litigants are using arbitration, but not mediation, to resolve disputes in e-commerce cases.
B. Increasingly, litigants are using mediation, but not arbitration, to resolve disputes in e-commerce cases.
C. Increasingly, litigants are using arbitration and mediation to resolve disputes in e-commerce cases.
D. Arbitration is allowed by federal law in e-commerce cases, but mediation is not allowed.
E. Mediation is allowed by federal law in e-commerce cases, but arbitration is not allowed.
A. Increasingly, litigants are using arbitration, but not mediation, to resolve disputes in e-commerce cases.
B. Increasingly, litigants are using mediation, but not arbitration, to resolve disputes in e-commerce cases.
C. Increasingly, litigants are using arbitration and mediation to resolve disputes in e-commerce cases.
D. Arbitration is allowed by federal law in e-commerce cases, but mediation is not allowed.
E. Mediation is allowed by federal law in e-commerce cases, but arbitration is not allowed.
Why may a minitrial be preferred to arbitration?
A. It is less costly than arbitration.
B. In a typical minitrial, the business representatives, who presumably understand the complex matters of a dispute better than an arbitrator, have settlement authority.
C. The procedures of the minitrial can be modified to meet more precisely the needs of the parties.
D. All the above.
E. None of the above. Preference is not an issue. A minitrial must follow and come after an arbitration.
A. It is less costly than arbitration.
B. In a typical minitrial, the business representatives, who presumably understand the complex matters of a dispute better than an arbitrator, have settlement authority.
C. The procedures of the minitrial can be modified to meet more precisely the needs of the parties.
D. All the above.
E. None of the above. Preference is not an issue. A minitrial must follow and come after an arbitration.
In which of the following do parties select a neutral third party and explain their respective positions to the neutral, who then evaluates the strengths and weaknesses of the case?
A. Summary jury trial
B. Minitrial
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
A. Summary jury trial
B. Minitrial
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
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?
A. Summary jury trial
B. Minitrial
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
A. Summary jury trial
B. Minitrial
C. Early neutral case evaluation
D. Private trials
E. Neutral submission
When does a private trial typically occur?
A. After a jury trial and prior to appeal.
B. After a case has been filed in federal court, but parties must wait at least 30 days.
C. After a case has been filed in either state or federal court.
D. Before a case has been filed in any court.
E. Upon order of a federal judge only.
A. After a jury trial and prior to appeal.
B. After a case has been filed in federal court, but parties must wait at least 30 days.
C. After a case has been filed in either state or federal court.
D. Before a case has been filed in any court.
E. Upon order of a federal judge only.
What types of ADR techniques exist in Japan?
A. Compromise
B. Conciliation
C. Arbitration
D. All the above
E. None of the above. ADR is outlawed in Japan.
A. Compromise
B. Conciliation
C. Arbitration
D. All the above
E. None of the above. ADR is outlawed in Japan.
What are the criticisms of private trials?
A. They may allow defendants to hide wrongdoing from the public.
B. Those who lack funds must use a slower cheaper system.
C. They are quicker than regular litigation.
D. They may allow defendants to hide wrongdoing from the public, and those who lack funds must use a slower cheaper system.
E. They may allow defendants to hide wrongdoing, and they unfairly discriminate against corporations because in some cases corporations must pay the costs involved for indigent plaintiffs.
A. They may allow defendants to hide wrongdoing from the public.
B. Those who lack funds must use a slower cheaper system.
C. They are quicker than regular litigation.
D. They may allow defendants to hide wrongdoing from the public, and those who lack funds must use a slower cheaper system.
E. They may allow defendants to hide wrongdoing, and they unfairly discriminate against corporations because in some cases corporations must pay the costs involved for indigent plaintiffs.
Bobby has a lawsuit in federal district court and asks Sally, a first year law student, about court-annexed ADR. What should Sally tell him?
A. Mediation is required by law in federal district court.
B. Arbitration is required by law in federal district court.
C. Both mediation and arbitration are required by law in federal district court.
D. Neither mediation nor arbitration is required by law in federal district court, but all litigants must present a summary of their positions to a case neutral.
E. Bobby should check with the particular district court he is in on the issue because federal district courts vary on the approved ADR methods.
A. Mediation is required by law in federal district court.
B. Arbitration is required by law in federal district court.
C. Both mediation and arbitration are required by law in federal district court.
D. Neither mediation nor arbitration is required by law in federal district court, but all litigants must present a summary of their positions to a case neutral.
E. Bobby should check with the particular district court he is in on the issue because federal district courts vary on the approved ADR methods.
What is the primary ADR process used in federal district courts?
A. Mediation
B. Arbitration
C. Summary jury trials
D. Early neutral case evaluation
E. Private trials
A. Mediation
B. Arbitration
C. Summary jury trials
D. Early neutral case evaluation
E. Private trials
Mediation programs are underway in _____ of state courts.
A. More than one-third
B. More than one-half
C. More than 75%
D. Less than one-half
E. Less than 10%
A. More than one-third
B. More than one-half
C. More than 75%
D. Less than one-half
E. Less than 10%
Which of the following is true regarding the federal appellate court's use of ADR?
A. Half of the federal appellate courts use some type of ADR.
B. All 13 federal appellate courts use some type of ADR.
C. All but one of the 12 federal appellate courts uses some type of ADR.
D. Federal appellate courts do not use ADR.
E. All federal appellate courts use early neutral case evaluation but none use mediation.
A. Half of the federal appellate courts use some type of ADR.
B. All 13 federal appellate courts use some type of ADR.
C. All but one of the 12 federal appellate courts uses some type of ADR.
D. Federal appellate courts do not use ADR.
E. All federal appellate courts use early neutral case evaluation but none use mediation.
As reflected in the text, which organization[s] offer[s] dispute resolution methods for international companies?
A. The American Arbitration Association
B. The Federated Chamber of Commerce
C. The United Federation of Countries
D. All the above
E. None of the above
A. The American Arbitration Association
B. The Federated Chamber of Commerce
C. The United Federation of Countries
D. All the above
E. None of the above
According to the text, which of the following is a defense to an arbitration award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards?
A. Not all parties attended the hearing.
B. The award is contrary to the preponderance of the evidence.
C. The award is unreasonable as a matter of law applying a beyond a reasonable doubt standard.
D. All the above are defenses.
E. None of the above are defenses.
A. Not all parties attended the hearing.
B. The award is contrary to the preponderance of the evidence.
C. The award is unreasonable as a matter of law applying a beyond a reasonable doubt standard.
D. All the above are defenses.
E. None of the above are defenses.
______ countries belong to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
A. 52
B. 78
C. 144
D. 151
E. Over 200
Which of the following is true regarding the remedy if a party does not abide by an agreement reached in mediation?
A. Because mediation is a voluntary process, there is no legal remedy.
B. The remedy is to return to mandatory mediation.
C. The remedy is to proceed to arbitration.
D. The remedy is to sue for breach of contract.
E. The remedy is to proceed to a minitrial.
Which of the following is true regarding the Equal Employment Opportunity Commission (EEOC) position on mediation?
A. The EEOC encourages the mediation of employment discrimination claims.
B. The EEOC discourages the mediation of employment discrimination claims.
C. The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases.
D. The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases.
E. The EEOC encourages the mediation of all employment discrimination claims except for those arising under the Americans with Disabilities Act where the use of mediation is discouraged.
A. 52
B. 78
C. 144
D. 151
E. Over 200
Which of the following is true regarding the remedy if a party does not abide by an agreement reached in mediation?
A. Because mediation is a voluntary process, there is no legal remedy.
B. The remedy is to return to mandatory mediation.
C. The remedy is to proceed to arbitration.
D. The remedy is to sue for breach of contract.
E. The remedy is to proceed to a minitrial.
Which of the following is true regarding the Equal Employment Opportunity Commission (EEOC) position on mediation?
A. The EEOC encourages the mediation of employment discrimination claims.
B. The EEOC discourages the mediation of employment discrimination claims.
C. The EEOC discourages the mediation of employment discrimination claims in sexual harassment cases but not in age discrimination cases.
D. The EEOC discourages the mediation of employment discrimination claims in age discrimination cases but not in sexual harassment cases.
E. The EEOC encourages the mediation of all employment discrimination claims except for those arising under the Americans with Disabilities Act where the use of mediation is discouraged.
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