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Q:
Which of the following is true of arbitration procedures?
A. Arbitration is a voluntary procedure that cannot be forced on the parties.
B. Judicial review of the arbitrator's award occurs in most cases.
C. The award resulting from the voluntary arbitration procedure is final.
D. If the arbitrator made erroneous rulings during the hearings, the award can be set aside.
E. The arbitrator's award is binding on the parties only if there was no error of law on the part of the arbitrator.
Q:
Courts can use judicial review to change the awards of voluntary arbitration when:
A. either disputing party is dissatisfied with the award.
B. the arbitrator made erroneous rulings during the hearing.
C. the actions of the arbitrator are deemed fraudulent or arbitrary.
D. the arbitrator reached erroneous findings of fact from the evidence.
E. an arbitrator makes a mistake of law during the proceedings.
Q:
In which of the following cases will courts most likely use judicial review to change the awards of voluntary arbitration?
A. Both parties are dissatisfied with the award.
B. The decision violates a positive mandate of the law.
C. The arbitrator reached erroneous findings of fact from the evidence.
D. One party is dissatisfied with the award.
E. The arbitrator misunderstands the law.
Q:
For mandatory arbitration to be constitutional:
A. proceedings must be bound by standard judicial tenets such as discovery.
B. licensed practitioners must preside over all proceedings.
C. all disputing parties must agree in advance to be bound by the arbitration award.
D. fair procedures must be provided by the legislature and ultimate judicial review is available.
E. the foundational statute must have passed with a super-majority.
Q:
The _____ of the U.S. Constitution is often used to set aside state laws that improperly deny arbitration of certain disputes.
A. Takings Clause
B. Bill of Rights
C. Supremacy Clause
D. Third Amendment
E. Due Process Clause
Q:
Contract-based arbitration is considered to be:
A. voluntary because both parties have willingly agreed to participate.
B. unconstitutional in most states because it limits redress of grievances.
C. coercive because it provides an unfair advantage to the party originating the contract.
D. restrictive and undesirable because of expense and time considerations.
E. legally impractical because these agreements are too difficult to reach in early contract negotiations.
Q:
A(n) _____ is a decision that arises when parties already in dispute decide that arbitration is better than litigation.
A. submission
B. motion to compel arbitration
C. injunction
D. arbitrability award
E. postdispute arbitration agreement
Q:
Which of the following distinguishes mandatory arbitration from voluntary arbitration?
A. The right of the dissatisfied party to reject the award
B. The dollar amount involved
C. Whether or not an attorney is required
D. The quality of the arbitrators
E. Whether there will be one or three arbitrators
Q:
In most cases, an arbitrator's award:
A. needs to set forth the legal reasons for the result.
B. needs to set forth the findings of fact.
C. needs to set forth the specific credentials of the arbitrator.
D. needs not set forth any specific facts, law, or reasons.
E. needs to set forth the names of the parties.
Q:
Which of the following is true of arbitration?
A. Arbitration is more expensive and time-consuming than litigation.
B. Arbitrators' decisions are rarely binding on the parties.
C. Arbitrators must be licensed pursuant to the American Arbitration Association.
D. An arbitrator is always a neutral third party.
E. Arbitrators must be licensed and trained to assume the role.
Q:
Who frames the issues to be resolved in arbitration?
A. The arbitrator
B. The judge
C. The parties to the dispute
D. The Supreme Court
E. The National Federation of Arbitrators
Q:
Arbitrators are typically chosen by:
A. the U.S. Supreme Court.
B. fiat.
C. the disputing parties.
D. Federal Rules of Civil Procedure.
E. mediators.
Q:
When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations:
A. automatically nullify the panel's opinion.
B. normally do not impact the results of arbitration.
C. result in a judge overturning the opinion.
D. normally remove that arbitrator's opinion from the results of the arbitration.
E. set off a new round of litigation.
Q:
The act of referring a matter to arbitration is called:
A. a submission.
B. a summons.
C. appealing.
D. de novo review.
E. collective bargaining.
Q:
In the absence of a statute, the rights and duties of the parties to a submission for arbitration are described and limited by:
A. the Constitution.
B. de novo review.
C. class-action certification.
D. arbitrability.
E. the agreement.
Q:
The decision by an arbitrator is called a(n):
A. submission.
B. award.
C. verdict.
D. judgment.
E. edict.
Q:
A(n) _____ will be enforced by the courts as if it were a judgment of the courts.
A. award
B. submission
C. appeal
D. pleading
E. caucus
Q:
Which of the following is true of the Federal Arbitration Act?
A. It covers any arbitration clause in a contract that involves interstate commerce.
B. It favors litigation over arbitration in cases where an arbitration clause is ambiguous.
C. It nullifies the rights of parties to litigate disputes if an arbitration clause exists.
D. It ensures that arbitration is used only in federal cases, and not in state cases.
E. It guarantees that all arbitration clauses are irrevocable under any circumstances.
Q:
According to Roger Fisher, William Ury, and Bruce Patton, the element of interest-based negotiation that instructs parties to brainstorm possible solutions to the dispute is referred to as:
A. options.
B. collaboration.
C. puzzle-solving.
D. preparatory positioning.
E. legitimacy.
Q:
According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation, _____ are outcomes that are possible without the agreement of the other party.
A. commitments
B. alternatives
C. options
D. interests
E. relationships
Q:
Which of the following is true of the use of ADR techniques?
A. ADR techniques are ineffective once the pretrial process has begun.
B. Disputing parties must begin a lawsuit to use any form of ADR.
C. Disputing parties cannot use an ADR technique not specified in the original agreement.
D. Disputing parties can agree to use an ADR technique after the dispute arises.
E. Litigation precludes the use of ADR techniques for dispute resolution.
Q:
Often, to provide a dress rehearsal for jury trials, attorneys argue their cases in front of a(n) _____ on the basis of assumed facts, presenting arguments and expected evidence to this mock jury composed of citizens.
A. arbitrator
B. barrister
C. magistrate
D. class
E. focus group
Q:
Which of the following is true of arbitration?
A. The record of proceedings is available to the press and others.
B. The decisions arising from arbitration are binding on the parties.
C. Arbitration cannot be imposed on the disputing parties.
D. The parties themselves resolve all the matters of contention, without the intervention of a third party.
E. The arbitrator need not be a disinterested party.
Q:
A negotiation between a seller and a buyer begins with each party stating their respective expectations. The seller starts with as high an asking price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. This is an example of:
A. positional bargaining.
B. principled negotiation.
C. interest-based negotiation.
D. fact bargaining.
E. surface bargaining.
Q:
Interest-based negotiations are superior to position-based negotiation because:
A. the differences between the interests of the parties are often large.
B. interest-based negotiations allow room for consideration of non-factual concerns, such as relationships and long-term interests.
C. position-based negotiation is often only concerned with preparing for litigation.
D. interest-based negotiation requires the presence of a judge or magistrate.
E. interest-based negotiation forces the parties to discuss resolution options for the week prior to open negotiation.
Q:
Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled _____.
A. The Principled Proposition
B. Making It Work
C. Let's Just Talk
D. Getting to Yes
E. Letting It Go
Q:
According to Roger Fisher, William Ury, and Bruce Patton, _____ is the element of interest-based negotiation that involves the application of accepted standards to the topic negotiatedrather than having the parties state unsupported propositions.
A. options.
B. collaboration.
C. puzzle-solving.
D. preparatory positioning.
E. legitimacy.
Q:
The court mandates an enforcement mechanism that ensures the parties will mediate in good faith.
Q:
_____ is the process used to persuade or coerce someone to do what you want them to do.
A. Avoidance
B. Accommodation
C. Negotiation
D. Competition
E. Collusion
Q:
Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.
Q:
An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.
Q:
Rules related to court-annexed mediation are federally mandated.
Q:
A mediator cannot impose a binding solution on the parties.
Q:
The judicial review of an arbitrator's award in a voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision.
Q:
If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.
Q:
Mandatory arbitration proceedings are generally subject to a de novo judicial review if a party is dissatisfied with the award.
Q:
The failure of a party to be present at an arbitration hearing constitutes a waiver of the right to reject the award and seek de novo judicial review.
Q:
In order for a federal court to assume that parties did not intend to arbitrate, a court must believe with positive assurance that the parties did not intend to include the particular dispute in the arbitration clause.
Q:
Individual states are not limited by the Constitution when they make laws that deny arbitration of certain disputes
Q:
The federal system and all state systems require arbitration hearings to comply with established rules of evidence.
Q:
From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration.
Q:
Absent fraud or other inappropriate behavior, arbitration awards in voluntary proceedings are not subject to judicial review on the merits of the decision.
Q:
The Federal Arbitration Act is largely responsible for the prominent role and positive perception of arbitration among businesses today.
Q:
Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award.
Q:
In most state statutes authorizing voluntary arbitration, the agreement to submit to arbitration may be written or oral.
Q:
Private arbitrators are not permitted to decide on questions of law.
Q:
The arbitrator chooses the issues of the hearing to be resolved.
Q:
An arbitrator must be a lawyer or a judge in good standing in the community where the arbitration is to take place.
Q:
The sole source of qualified expert arbitrators currently is the American Arbitration Association.
Q:
If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceedings and move the dispute to public litigation.
Q:
To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute.
Q:
The arbitrator should be disinterested in any financial impact of the decision.
Q:
The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration.
Q:
Juries often decide close questions of liability, as well as size of the verdict, against business organizations.
Q:
Focus groups can deliver binding decisions in civil cases.
Q:
Positional bargaining is an approach based on principled, interest-based negotiations.
Q:
Positional negotiation creates barriers to resolution that may be removed by using principles instead of positions.
Q:
Once a lawsuit has been filed, ADR may not be used until the suit has gone to judgment or has been dismissed.
Q:
A negotiated settlement is generally more expensive and time-consuming than litigation.
Q:
Negotiation is the process used to persuade or coerce someone to do what you want them to do.
Q:
Discuss the purposes of execution and garnishment in terms of post-judgment relief, and describe how the two differ.
Q:
What is the meaning of res judicata and what is its effect?
Q:
Litigation is the quickest method of dispute resolution.
Q:
A dispute arises when one party makes a claim that another party denies.
Q:
What changes with the burdens of proof for civil and criminal cases? What must lawyers do differently in response to a weaker or stronger burden, and how could the burden affect the trial?
Q:
What is the standard of review and how much deference do appellate judges give to findings by judges in the trial courts?
Q:
What must lawyers do in order to preserve an argument for appeal of an evidentiary ruling?
Q:
Differentiate between a judgment notwithstanding the verdict and motion for judgment as a matter of law. When are they used?
Q:
How might lawyers and their clients abuse the discovery process?
Q:
Though it is often thought of as the main component of the American judicial system, it is actually rather rare to go to trial. What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?
Q:
What is meant by the term "frivolous case" and what is being done to remedy the problem?
Q:
How does the process of jury selection affect the progress and outcome of a trial?
Q:
In your opinion, would the American court system be better off if it eliminated the use of peremptory challenges?
Q:
What are some of the theoretical and actual purposes of discovery?
Q:
In a personal injury suit, what may the defendant's attorneys request and obtain by using the discovery methods?
Q:
Do you believe that class-action litigation should be reformed? Do you think that it is a fair means by which relatively vulnerable plaintiffs can get remuneration from powerful corporations, or an abuse of the judicial system by clever lawyers and overly-litigious citizens?
Q:
When might a court be forced to use extradition, and what is the process?
Q:
After the judgment is obtained, requiring the defendant's employer to pay some of the defendant's wages to the court on behalf of the plaintiff is called _____.
A. execution.
B. garnishment.
C. depositions.
D. summary.
E. subpoena
Q:
Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called _____.
A. voir dire.
B. chancery.
C. execution.
D. res judicata.
E. nolo contendere.
Q:
When might a third-party defendant be necessary in a trial, and what purpose dies this type of parry serve?