A) He acted properly because it is presumed that arbitrators are unbiased regardless of their relationship with a party.
B) He acted properly because he only had to reveal the information at issue if Susan had directly asked about it.
C) He should have revealed that he was married to Bob's cousin, but none of the other information had to be revealed.
D) He should have revealed that he had received loans from Bob, but he had no obligation to reveal other information.
E) He should have revealed all the information and should have refused to arbitrate the case. His actions would be considered by a federal district judge and the award would likely be set aside because of showing of bias.
G) A) and B)
Correct Answer
verified
Correct Answer
verified
A) That arbitration is more expensive than court litigation.
B) That companies can more easily hide misdoing.
C) That it is too easy to get an arbitration award reversed by a judge.
D) That parties have less control through the arbitration process than through a judicial action.
E) That arbitration actions are less private than judicial actions.
G) C) and D)
Correct Answer
verified
Correct Answer
verified
A) It is up to each of the parties. They may have legal counsel or they may not.
B) Parties may not have legal counsel.
C) Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used.
D) Individuals may have legal counsel, but corporations may not.
E) Corporations may have legal counsel, but individuals may not.
G) C) and D)
Correct Answer
verified
Correct Answer
verified
A) Consultation
B) Mediation
C) Case argument
D) Case analysis
E) Focus grouping
G) C) and D)
Correct Answer
verified
Correct Answer
verified
A) None; only because an employee/employer relationship is involved.
B) None because Jill freely signed the agreement.
C) None because a domestic company, not an international one, is involved.
D) A court will be unlikely to enforce the agreement only if it can be proven that Jill did not read the agreement before she signed it.
E) A court may be more likely to not enforce the agreement because of the distance and expense involved.
G) A) and E)
Correct Answer
verified
Correct Answer
verified
A) The ADR process known as "negotiation" is the same as the ADR process known as "mediation."
B) There is only one approach to negotiation, problem-solving.
C) There is only one approach to negotiation, adversarial.
D) There are two approaches, adversarial negotiation and problem-solving negotiation.
E) There is no form of ADR known as negotiation.
G) B) and D)
Correct Answer
verified
Correct Answer
verified
A) A union must contact the State Mediation Consortium to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
B) A union must contact the National Mediation Service to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
C) A union must contact the Federal Mediation and Conciliation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
D) A union must contact the Judicial Arbitration and Mediation Services to attempt to mediate its demands before beginning a strike to achieve higher wages or better working hours.
E) A union has no obligation to inquire into mediation before beginning a strike for any reason.
G) A) and C)
Correct Answer
verified
Correct Answer
verified
A) The only defense recognized is that the losing party did not receive notice of the arbitration.
B) There are no recognized defenses.
C) The only two recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision and (2) that one of the parties to the agreement did not have the authority to enter into a legal contract.
D) The only two recognized defenses are (1) that one of the parties to the agreement did not have the authority to enter into a legal contract and (2) that the losing party did not receive notice of the arbitration.
E) The only three recognized defenses are (1) that the arbitrator acted outside the scope of her or his authority when making the decision; (2) that one of the parties to the agreement did not have the authority to enter into a legal contract; and (3) that the losing party did not receive notice of the arbitration.
G) A) and B)
Correct Answer
verified
Correct Answer
verified
B) False
Correct Answer
verified
Correct Answer
verified
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 in which only a few witnesses are called to the stand leading to a binding verdict.
E) A binding trial conducted by a panel of mediators after a failed mediation.
G) C) and E)
Correct Answer
verified
Correct Answer
verified
A) Always.
B) Only if one party completely wins and there is no split decision.
C) Never.
D) Only if a money award is involved.
E) Only if both parties had lawyers because that terminology makes it easier for the lawyers to be paid.
G) C) and E)
Correct Answer
verified
Correct Answer
verified
B) False
Correct Answer
verified
Correct Answer
verified
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.
G) C) and E)
Correct Answer
verified
Correct Answer
verified
B) False
Correct Answer
verified
Correct Answer
verified
A) All federal courts use arbitration but few have mediation programs.
B) While ADR is popular at the district court level, few federal appellate courts use it.
C) Almost all federal circuit courts of appeal have mediation programs underway.
D) By law ADR is outlawed at the federal appellate court level.
E) All federal appellate courts use early neutral case evaluation but none use mediation.
G) B) and C)
Correct Answer
verified
Correct Answer
verified
Correct Answer
verified
Mediation occurs when the parties hire a...View Answer
Correct Answer
verified
View Answer
A) Unconscionable
B) Unreasonable
C) Outrageous
D) Prohibitive
E) Unsupportable
G) A) and C)
Correct Answer
verified
Correct Answer
verified
B) False
Correct Answer
verified
Correct Answer
verified
A) They may allow defendants to hide wrongdoing from the public.
B) Those who lack funds must use a slower public system, but information from private trials is open to the public, similar to trials in state or federal court.
C) They are generally slower than regular litigation.
D) They are a form of state or federal litigation closed to the public to protect the identity of litigants in certain sensitive situations.
E) They unfairly discriminate against corporations because by law in some cases corporations must pay the costs involved for indigent plaintiffs.
G) B) and D)
Correct Answer
verified
Correct Answer
verified
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 district court.
D) Before a case has been filed in any court.
E) Upon order of a federal judge only.
G) B) and E)
Correct Answer
verified
Correct Answer
verified
Showing 41 - 60 of 66
Related Exams