Q&A Hero

Q: The concept of incorporation through the _____ clause has made the protection of the Bill of Rights applicable to individuals subject to state and local regulations. A. supremacy B. contract C. due process D. limitation E. exclusion

Q: Which of the following is true under the minimum rationality approach? A. A permissible state end is one which is prohibited by at least one provision of the Constitution. B. A permissible state end is one which is not prohibited by another provision of the Constitution. C. A permissible state end does not qualify as a legitimate goal of government. D. A law creating different classifications will survive if it has an irrational connection to a permissible state end. E. A law creating different classifications will survive if it has a rational connection to a prohibited state end.

Q: If a person involved in a case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove _____ in order to recover. A. slander B. actual malice C. common law malice D. vilification E. traducement

Q: The Second Amendment consists of the: A. right to free speech. B. right to respect any establishment of religion. C. right to possess guns. D. right to freely exercise any religious practice. E. right to free commercial speech.

Q: Which of the following states that that government may not act in a manner that is arbitrary, capricious, or unreasonable? A. Procedural clause B. Contract clause C. Exclusion clause D. Limitation clause E. Due process clause

Q: Which of the following is true about commercial speech? A. It is not protected by the First Amendment. B. Corporations have First Amendment rights in the political speech arena. C. The public interests served by freedom of expression protect the listener but not the speaker. D. Freedom of speech for corporations is as extensive as the right of an individual. E. Corporations are not protected and do not have the right to free speech.

Q: Hungry Hogs Corporation, an international hotdog eatery produced a misleading television advertisement. One of the ads compared the nutritional value of their hotdogs to the burgers sold by Gobble Up Inc. The ad stated that two hotdogs of Hungry Hogs contained 30 grams of fat, whereas, one burger of Gobble Up Inc. contained 52 grams. This ad led to a good consumer response. However, an anti-restaurant political group filed a complaint with a federal institution. The federal institution issued an order prohibiting Hungry Hogs from making health-compatibility statements about its products without scientific evidence. This instance of regulation on advertising of health-compatibility statements about food products is an example of a limitation on _____. A. symbolic speech B. individual speech C. overbreadth doctrine D. commercial speech E. freedom of thought

Q: Which of the following is true about freedom of the press? A. It is an absolute constitutional guarantee. B. It refers to the right of the press to print anything it wants with liability. C. Its preservation cannot be sought through constitutional protections. D. It excludes communication and expression through electronic media. E. It is usually construed to prohibit prior restraints on publications.

Q: A _____ is used to recover damages as a result of printed defamation of character. A. slander B. calumny C. libel D. vilification E. traducement

Q: Gerard was hired to publish a weekly journal in the state of California. When he printed another person's article that criticized the governor of a state at the time, Gerard was accused of a certain tort theory. Which of the following tort theories would he most likely be accused of? A. Libel B. Calumny C. Slander D. Vilification E. Traducement

Q: A school in the state of Connecticut does not allow students to pray or maintain even a moment of silence in the school premises. Which of the following first amendment protections is this school providing? A. Freedom of speech B. Freedom of religion C. Freedom of the press D. Freedom of expression E. Freedom of symbolic speech

Q: Luke, Rocky, Nelly, and Mario are graffiti artists who belong to a minority community. They spray paints on a public wall in their city. They create designs and paintings on the wall depicting political and social issues that affect their community. This way, they protest against unfair practices. Which form of first amendment protection are these artists engaging themselves in? A. Freedom of the press B. Freedom of religion C. Freedom of speech D. Establishment clause E. Free exercise clause

Q: When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the _____. A. overreaching doctrine B. overstretching doctrine C. overextension doctrine D. overbreadth doctrine E. doctrine of nullification

Q: A city makes it a crime to write anything on any public or private property. Harry was a resident of the city. He wanted to write something on a private sign that he owned. As he was worried about violating the law, he approached the court for support. The court declared this law unconstitutional based on the _____. A. overreaching doctrine B. overstretching doctrine C. overextension doctrine D. doctrine of nullification E. overbreadth doctrine

Q: The Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures. How does the act benefit the business and the consumer?

Q: Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystals Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice? A. Preemption doctrine B. State clause C. Contract clause D. Overbreadth doctrine E. Supremacy clause

Q: Which of the following is true about amendments and basic protections? A. Basic constitutional rights are absolute. B. Constitutional rights do not vary from time to time. C. Constitutional rights are not interpreted during emergencies such as war or civil strife. D. During peace time, constitutional principles are not reapplied. E. Constitutional guarantees exist to protect the minority from the majority.

Q: Which of the following is true about freedom of speech? A. It covers both verbal and written communications. B. It exists to protect the majority from the minority. C. Its protection relates to private action that restricts our ability to express ourselves. D. It covers written communications but not conduct or actions. E. It is an absolute constitutional guarantee.

Q: What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?

Q: What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.

Q: What are the typical steps in the mediation process?

Q: Compare and contrast voluntary and mandatory arbitration.

Q: What is the role of judicial review in voluntary contract-based arbitration awards?

Q: What impact has the Federal Arbitration Act had on how the courts view arbitration?

Q: How are arbitrators selected and compensated for mandatory arbitration proceedings?

Q: What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?

Q: Discuss arbitral awards and their relation to the courts.

Q: With regard to dispute resolution, what is a focus group and why and when might one be used?

Q: Discuss the importance of arbitration for labor relations disputes.

Q: What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?

Q: What functions do experts serve in an arbitration?

Q: What are the advantages of using an expert rather than a judge as an arbitrator?

Q: Which of the following is true of a caucus in the process of mediation? A. It constitutes misconduct on the part of the arbitrator. B. Once the mediator uses a caucus, the parties cannot meet face-to-face. C. A caucus is only allowable if both parties are present at all times. D. The presence of a mediator is not essential to the conduct of a caucus. E. A caucus involves the mediator, and only one of the disputing parties.

Q: The final step of a successful mediation is: A. submitting any conclusions to a judge for judicial approval prior to implementation. B. writing down the basic agreement reached and having it signed by all the parties. C. providing all evidence given during the mediation to the parties' attorneys for use in the next phase of litigation. D. agreeing that all future disputes be resolved in the same manner. E. turning the results over to the arbitrator as the submission for arbitration.

Q: When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as: A. judicial review. B. a focus group. C. submission. D. Med-Arb. E. a caucus.

Q: Discuss Roger Fisher, William Ury, and Bruce Patton's influential book and the seven elements of negotiation presented in it. What is the focus of the book and how do the authors hope to change the focus of negotiation through it?

Q: Why would a business choose to settle a dispute with a customer rather than litigate, even if the business is likely to prevail?

Q: The difference between a mediator and an arbitrator is that: A. a mediator is not a neutral party. B. an arbitrator is chosen by the disputing parties, while a mediator is not. C. an arbitrator can force a binding solution on both parties. D. a mediator can impose a binding solution on the parties. E. only an arbitrator may be appointed by a judge.

Q: _____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally. A. Restorative justice B. Party-directed mediation C. Precursor mediation D. A caucus E. Court-annexed mediation

Q: Which of the following is true of caucuses in dispute resolution? A. They generally occur during a mediation proceeding. B. They only occur when mandated by a court order. C. A caucus involves both parties negotiating without the mediator. D. They are illegal because they are considered ex parte communications. E. Caucuses are synonymous with de novo reviews.

Q: The meeting between a mediator and one disputant outside the presence of the other disputant is called a _____. A. calumny. B. consensus. C. convention. D. convocation. E. caucus.

Q: Which of the following is true of mediation? A. Mediators tend to be more expert in the field than arbitrators so their decisions are less likely to be erroneous. B. The disputing parties do not have control over the process, reducing preparation time. C. Though mediation is typically more expensive than litigation and arbitration, the quality is often better. D. A mediator cannot impose a binding solution on the parties as he is an interested party to the dispute. E. A trial judge can require the disputing parties to submit to the mediation process before litigation.

Q: The outcome of mediation: A. is binding on all parties. B. can have no impact on dispute resolution in any way. C. is a legal finding that may be used in court if the dispute proceeds to litigation. D. helps point out weaknesses in a case without an actual trial. E. is a necessary precursor to arbitration.

Q: Mediators are similar to arbitrators in that: A. they can impose binding decisions on the parties. B. they must be qualified and trained to practice. C. their decisions can be imposed in a court of law. D. they operate in cases of federal rather than local importance. E. they must be disinterested third parties.

Q: Typically, mediators utilize the principles of: A. positional bargaining. B. fact bargaining. C. option-based negotiation. D. surface bargaining. E. interest-based negotiation.

Q: A party dissatisfied with the mandatory arbitration award has the right to: A. appeal the award directly to the state supreme court. B. appeal the award directly to the U.S. Supreme Court. C. reject the award and seek a review in the appropriate trial court. D. sue the arbitrator. E. ignore the disputed award.

Q: If arbitration is conducted pursuant to state statute: A. the statute determines what grounds may be used to challenge an award in court. B. if a dispute arises involving interstate commerce, the statute of the state where the dispute is first submitted prevails. C. a disputing party may choose to have Federal Arbitration Act provisions govern any resolution of the dispute if the state statute appears unfavorable to his or her position. D. only Congress can overturn it. E. only the U.S. Supreme Court can overturn it.

Q: De novo review means that: A. the court appoints an arbitrator to initiate arbitration proceedings. B. the court tries the issues anew as if no arbitration occurred. C. the court recommends that the party opt for mediation instead of litigation. D. the court halts a mediation process and begins litigation. E. the court takes into account the arbitrator's award in the litigation.

Q: James has been appointed as an arbitrator in a dispute. Which of the following can he do without the danger of it constituting misconduct? A. Accepting gifts from a party to the proceedings B. Holding hearings without a member of the arbitration panel present C. Communication with a party to the proceedings with consent of the other party D. Receipt of evidence as to a material fact without notice to a party E. Conducting an independent investigation into a material matter after the close of hearings

Q: Ben and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, they both agree that they will be required to settle all disputes through arbitration. Which of the following is true of this situation? A. This is an example of a mandatory arbitration clause. B. This is an example of a voluntary arbitration clause. C. This is an example of a caucus. D. This is an example of court-annexed mediation. E. This is an example of a postdispute arbitration agreement.

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: 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: 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: 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: 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: 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: 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: 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: Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.