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Q:
(p. 72) Chuck likes to grow "natural" flowers such as dandelions in his yard, while his neighbor Patty sees these as weeds whose seeds constantly blow into her yard. Both Chuck and Patty anticipate living in their homes for many years to come. Discuss a form of dispute resolution that would best fit this situation.
Q:
(p. 73) Tom and Jerry operate an ice cream business as equal partners. Tom wants to reinvest the profits and Jerry wants to distribute and spend the profits. If they litigate, the court will likely order the business assets sold, which will destroy the income potential for both Tom and Jerry. Discuss how this dispute might be resolved by arbitration.
Q:
(p. 75) Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues. They decide to use early neutral evaluation. Discuss how this process might be helpful in this situation.
Q:
(p. 75) Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married. Each has had appraisers value the assets, but the appraisers have reached differing conclusions. How will a summary jury trial help in this situation?
Q:
(p. 76) Kurt Johannssen, a well-known professional athlete, and Tina, his actress wife, have filed for divorce and are involved in a dispute for the custody of their son. Because of their celebrity status, neither wants the media coverage and public detailing of their private lives that come with official court trials. However, mediation and arbitration efforts have failed as neither party is willing to compromise. Discuss how they can resolve their custody dispute and avoid the publicity issues.
Q:
(p. 77) Partnering is used when there are only two parties in a dispute about a few issues.
Q:
(p. 78) Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.
Q:
(p. 78) ADR clauses are only beneficial to those parties with the strongest position within a contractual relationship.
Q:
(p. 79) In negotiated rule making, affected parties can contest a rule established by a rule-making agency.
Q:
(p. 74) An arbitration hearing can be planned and executed by the parties themselves.
Q:
(p. 74) Med-arb is a process that combines negotiation and mediation to deliver effective results.
Q:
(p. 75) The parties involved in the dispute can use early neutral evaluation to settle a case or proceed to trial.
Q:
(p. 75) Kin and Mai, through their lawyer, present an abbreviated version of their case to a jury in a single day, and obtain an advisory verdict. This is a summary jury trial.
Q:
(p. 75) In a summary jury trial, there is no time limit placed on the parties as this allows them to practice their arguments.
Q:
(p. 76) A private civil trial follows the same rules used in an official trial.
Q:
(p. 70) Proactive ADR increases the likelihood of litigation.
Q:
(p. 71) A criminal law case can be resolved by an ADR panel.
Q:
(p. 72) ADR is intended as a replacement for the legal system.
Q:
(p. 72) Colleagues Sarah and Julia are involved in a dispute and get another colleague, William, to make suggestions about resolving their dispute. This is mediation.
Q:
(p. 73) Mediation always follows the filing of a lawsuit.
Q:
(p. 73) An arbitrator's decision is binding and cannot be appealed in court.
Q:
(p. 81) Which of the following is a disadvantage of entering into an international arbitration agreement?
A. The parties' choice of legal representation is limited to the forum in which the dispute is to be heard.
B. Local laws of a particular nation may prevent a party from using certain arbitrators.
C. The parties cannot choose the arbitrators who will decide on the case.
D. Using an international arbitration agreement does not allow for uniform enforcement of a judgment across nations.
Q:
(p. 81) The judges on the science court must be:
A. drawn from a sample of people affected by the technology in question.
B. scientists with expertise in the areas under investigation.
C. from government bodies involved in legislation about the subject.
D. lawyers with a scientific background in the subject.
Q:
(p. 69) Litigation is based on an adversarial approach.
Q:
(p. 70) Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.
Q:
(p. 70) Arbitration and mediation can be scheduled quickly as compared to litigation.
Q:
(p. 78) An ADR contract clause:
A. must specify the ADR technique that the parties will use in the event of a dispute.
B. can merely state that the parties have the option of using an ADR technique.
C. prohibits the parties from resorting to litigation to settle an issue.
D. requires that the parties follow all ADR procedures with a summary trial.
Q:
(p. 79) Which of the following is true of settlement week?
A. The court settles those cases that cannot be resolved through arbitration.
B. Attorneys are required to be present for mediation sessions.
C. All submitted cases are resolved by trial by summary jury.
D. The submitted cases are subjected to private civil trials.
Q:
(p. 79) Which of the following is true of negotiated rule-making?
A. It involves taking a case that has been rejected or dismissed by a domestic court to an international organization.
B. Organizations to be affected by a new rule have input into the writing of that rule.
C. The agency must accept the conclusion that the parties arrive at and implement it.
D. It results in a decision that accommodates the concerns of all parties and does not require any party to compromise.
Q:
(p. 80) Post-appellate procedures:
A. involve taking a case that has been rejected or dismissed by a domestic court to an international organization.
B. refer to a pledge to use arbitration, should the parties find themselves in disagreement as to the enforcement rights under the original contract.
C. are processes by which agencies invite the organizations who will be affected by a new rule to provide input about the writing of that rule.
D. specify that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue.
Q:
(p. 77) Which of the following ADR techniques is begun before a dispute has arisen rather than after?
A. Mediation
B. Summary jury trials
C. Arbitration
D. Partnering
Q:
(p. 75) Early neutral evaluation:
A. is an ADR process that combines mediation with arbitration.
B. is a shortened version of a trial conducted in less than a day before an actual jury renders an advisory verdict in the case.
C. is an ADR technique by which the parties hire a retired judge to hear their dispute.
D. is an ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone.
Q:
(p. 75) Which of the following is true of a summary jury trial?
A. The jury provides an advisory verdict based on the facts.
B. The jurors are prohibited from speaking to the parties about the case.
C. The judge submits written questions that the parties have prepared for the jurors.
D. Neither side can withhold an argument that they later present in court.
Q:
(p. 75) A case that undergoes a summary jury trial must:
A. deal with questions of criminal law rather than civil law.
B. have previously undergone mediation and arbitration proceedings.
C. involve a bona fide dispute as to the authentic questions of law.
D. be resolved in a settlement discussion rather than a trial.
Q:
(p. 76) A private civil trial can be defined as _______________.
A. a process that establishes supportive relationships among parties to a contract to head off disputes before they occur
B. a technique by which parties hire a retired judge or a magistrate to hear the dispute, following rules used in an official trial
C. a shortened version of a trial conducted in less than a day before an actual jury that then renders an advisory verdict in the case.
D. a period during which a court's docket is cleared of all business, except for settlement hearings.
Q:
(p. 77) Big Co. and Gantt Co. have entered into a contract for a long-term project. The companies opt to use a partnering process to resolve disputes. The partnering process between them will begin:
A. after the contract has been finalized but before the project has begun.
B. when the first dispute between the two parties arises.
C. only if both mediation and arbitration procedures have failed.
D. once the project has begun and the parties are aware of possible problems.
Q:
(p. 71) ADR is most likely to be useful in cases involving _______________.
A. constitutional law
B. civil rights
C. contracts
D. criminal law
Q:
(p. 71) A major criticism of ADR is that it:
A. does not control the spending on litigation.
B. keeps the parties from carefully considering their agreements.
C. does not allow the attorneys to develop analytical skills.
D. keeps critical social issues from reaching the judicial system.
Q:
(p. 72) Which of the following statements about a mediator is true?
A. The mediator must encourage the disputing parties to compromise on their demands.
B. The mediator has the power to issue a binding judgment on the disputing parties.
C. The mediator must be chosen from among the parties involved in the dispute.
D. The mediator's role is only useful before a lawsuit if filed by the parties.
Q:
(p. 72) _______________ is a non-binding process where neutral third party works with the parties to reach a mutually agreeable settlement.
A. Negotiation
B. Mediation
C. Litigation
D. Partnering
Q:
(p. 73) Which of the following is true of arbitrators?
A. The arbitrator can make suggestions, but not issue binding decisions.
B. The arbitrator is a non-lawyer from the relevant industry.
C. The arbitrator must be chosen from among the disputing parties.
D. The arbitrator's decision can be appealed in court.
Q:
(p. 74) Which of the following is true of arbitration?
A. The procedures involved in arbitration are more rigid than those followed in lawsuits.
B. An arbitrator's decision is binding and cannot be appealed in court.
C. An arbitration hearing can be planned and executed by the parties themselves.
D. An arbitrator's decision cannot come under the review of the courts.
Q:
(p. 74) Med-arb, a form of ADR, combines the best aspects of:
A. reg-neg and ENE.
B. negotiation and arbitration.
C. mediation and arbitration.
D. ENE and a private civil trial.
Q:
Sheena files a lawsuit against New York Airlines and the Virginian airport, for causing inconvenience during transit and monetary loss. She was flying New York Airlines to Florida, with a layover in Virginia. However, the airlines was delayed by ten hours and later cancelled, with no refund or alternate flights for the passengers. In response to her lawsuit, New York Airlines acknowledges the inconvenience caused but blames the airport authorities in Virginia who did not allow the flight to land, hence the cancellation. Analyze the situation.
Q:
Nick sues Bradford & Co. alleging employment discrimination. Nick believes Bradford & Co.'s e-mail will reveal evidence of discriminatory attitudes and actions by their management. Nick sends a letter to Bradford & Co. requesting copies of e-mail messages for the last six months but receives no answer. What should Nick do?
Q:
Ashley is accused of forgery and is arrested by the city police, and is being compelled to testify, which she refuses to do. At the trial, she asserts her innocence, and informs the jury that she was not informed of her rights by the officers at the time of her arrest, and was compelled to testify. She wants the jury to be instructed about the rights of a criminal defendant and the degree of proof required of both the prosecution and her in this case. Discuss the case.
Q:
(p. 70) Which of the following is true of litigation and ADR?
A. Litigation is less adversarial than ADR procedures.
B. Litigation is generally more expensive than ADR procedures.
C. ADR procedures are generally more time-consuming than litigation.
D. The use of ADR procedures makes litigation unnecessary.
Q:
A Symtha Computer programmer residing in New Jersey, designs a corporate information system for a client, Matrix Corp., whose offices are in Delaware. Unfortunately, the system crashes before the Symtha programmer is paid for her work and records are lost that cost Matrix $300,000 to reconstruct. Matrix sues Symtha for breach of contract. The Symtha programmer believes that the crash was not caused by her system and that she should be paid by Matrix. Discuss the options Symtha has in responding to the lawsuit by Matrix.
Q:
Jill, a resident of Iowa, suffers $20,000 in damages when a BIG Corporation truck hits her parked car in Illinois, where Jill is visiting her aunt. BIG Corporation is incorporated in Delaware. In what court may her suit be filed?
Q:
Residents of Rosewood County in Pennsylvania have filed a lawsuit in the state court against Thompson Brothers, a New York-based home builder, concerning the completion of the builder's newly-built apartment facility. Fearing the hostility of the Pennsylvanian jury, Thompson Brothers consider appealing to the state court to move the case to the federal court. Analyze the case in brief.
Q:
Joe wants to sue directly in his state's supreme court since his suit involves a question of genetic testing that has never been heard by a trial court of general jurisdiction in Joe's state. Can Joe sue directly in his state's supreme court? Explain.
Q:
Samantha sues Acme Chemical Co. in a federal court for injuries caused five years ago by the application of a residential pesticide produced by Acme. The state statute of limitations (time to bring lawsuits) in Samantha's state is three years. Samantha wants the federal court to apply a longer four-year federal statute of limitations. How will the federal court resolve this question?
Q:
Sue wants to sell products on the Internet but is concerned that she might be sued in a distant state by a dissatisfied customer. How might Sue best design a Web site to avoid this possibility?
Q:
Susan has been defrauded of 50 cents by ABC Corp. and has good reason to believe that thousands of other individuals have also been defrauded of 50 cents each. Susan wants to sue but the expense of bringing a lawsuit for 50 cents is too great. What can Susan do to obtain a judicial hearing of his complaint?
Q:
An equitable remedy may be all of the following except:
A. specific performance.
B. damages.
C. an injunction.
D. a restraining order.
Q:
Ignacio wins a monetary judgment at trial but is denied an award of attorney's fees. The defendant, Salazar, acts to challenge the adverse trial court decision before an appellate court. Ignacio wants to challenge the denial of an award of attorney's fees. Ignacio should:
A. attempt rebuttal.
B. attempt surrebuttal.
C. cross-appeal.
D. counterclaim.
Q:
_____ is the power of the court to hear a case based on Internet-related transactions.
A. Science jurisdiction
B. General jurisdiction
C. Cyber jurisdiction
D. Subject matter jurisdiction
Q:
The Federal Rules of Civil Procedure now refer to computerized evidence as:
A. electronic lockbox.
B. electronic data interchange.
C. e-commerce.
D. electronically stored information.
Q:
A court procedure during which the criminal defendant is reminded of his/her rights is:
A. an indictment.
B. a preliminary hearing.
C. an arraignment.
D. an initial appearance.
Q:
A(n) _____ is a set of formal charges against the defendant issued by a grand jury.
A. arraignment
B. information
C. indictment
D. prosecution
Q:
Jose wants to question in person, Ellen, a witness, about her observation of an auto accident in advance of a trial concerning the accident. Joe should:
A. send Ellen interrogatories.
B. take Ellen's deposition.
C. ask Ellen to produce tangible evidence.
D. issue summons for Ellen to appear in court in advance of the trial.
Q:
Requests for admissions:
A. are made to secure a statement from a party that a particular fact is true.
B. ask a party to undergo a physical or a mental examination.
C. are written questions that must be answered in writing under oath by the opposite party.
D. ask a party to produce documents, records, accounts, photographs, or other tangible evidence.
Q:
Who typically conducts "direct examination"?
A. The plaintiff's attorney
B. The defendant's attorney
C. The judge
D. The jury
Q:
A case in which one representative party files a lawsuit on behalf of all members of a group of plaintiffs who share a single, similar injury is a(n):
A. arraignment.
B. demurrer.
C. class action.
D. indictment.
Q:
A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue the credit card company but cannot find an attorney who is willing to do this. Marlene should:
A. approach the legislature for special suit legislation.
B. approach the U.S. Supreme Court to grant original jurisdiction.
C. bring a petition to the Congress signed by the cardholders.
D. bring a class action suit.
Q:
Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note. Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court, then Joe's answer should contain a:
A. counterclaim against Acme.
B. cross-claim against Acme.
C. third-party complaint against Acme.
D. new lawsuit against Acme.
Q:
Probate courts and courts of claims are examples of courts with
A. special jurisdiction.
B. subject matter jurisdiction.
C. personal jurisdiction.
D. general jurisdiction.
Q:
Joe, a citizen of Ohio, and Maria, a citizen of New Mexico, have an auto accident in New Mexico. For a federal court to hear this case there must be:
A. a federal statute involved.
B. a federal auto title involved.
C. an amount over $75,000 involved.
D. an amount over $20 involved.
Q:
The Federal Circuit was established by Congress primarily to:
A. hear appeals on questions of law from the lower courts.
B. streamline and unify patent law.
C. decide on the details involved in bringing a case to trial.
D. simplify issues and avoid unnecessary arguments and surprises in the subsequent trial.
Q:
The United States Supreme Court does not have original jurisdiction in which of the following cases?
A. Cases affecting ambassadors.
B. Cases coming from state supreme courts.
C. Cases where public ministers and consuls are involved.
D. Cases in which a state is a party.
Q:
Gordon Gibbs grated his plow along his neighbor's driveway, ruining the driveway. The neighbor wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will most likely be heard by:
A. a state intermediate appellate court.
B. the state supreme court.
C. a family court.
D. a small-claims court.
Q:
Specific performance requires a party to a contract to go through with the terms of the contract.
Q:
An inactive advertisement on the Internet would usually not establish jurisdiction under the minimum contacts theory.
Q:
Formal criminal charges may be brought against a defendant without a grand jury being involved.
Q:
The _____ is played out every time a plaintiff and defendant place their case in the hands of a judge or jury.
A. federal court system
B. uncertainty principle
C. abstract principle
D. word of law
Q:
Most courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law. This process is referred to as:
A. plenary review.
B. a clearly erroneous standard.
C. abuse of discretion.
D. de novo review.
Q:
Courts with the power to hear any type of case are said to exercise:
A. personal jurisdiction.
B. special jurisdiction.
C. general jurisdiction.
D. subject matter jurisdiction.
Q:
Having been called for jury selection, Lawrence discovered that the defendant in the trial is the brother of his stockbroker. The lawyers may rightfully reject Lawrence on the grounds that his relationship with the stockbroker may affect his ability to be an unbiased juror.
Q:
Jury instructions contain the judge's opinion of the evidence presented.
Q:
A demurrer is a motion for dismissal of a case for failure to state a claim for which relief can be granted.