Question 1

Billy signs an arbitration agreement providing that he will arbitrate any disputes with his employer,ABC Company.Billy believes that ABC Company has discriminated against him in violation of the Americans with Disabilities Act.The EEOC also investigated the situation and brought an action against ABC Company alleging that ABC Company discriminated against Billy in violation of the Americans with Disabilities Act.What is the effect of the arbitration clause in regards to the action brought by the EEOC?

Accepted Answer

A)   The arbitration clause is enforceable and binding on the EEOC.
B)   The arbitration clause is enforceable and binding on the EEOC only if ABC Company provided the EEOC with a copy of the agreement before the suit was filed.
C)   The arbitration clause is enforceable and binding on the EEOC only if Billy is the only employee in the company who has allegedly been discriminated against under the Americans with Disabilities Act.
D)   The arbitration clause is not binding on the EEOC.
E)   The EEOC can avoid the arbitration clause only if it can show that it prosecuted ABC Company in the past and that ABC Company is a repeat offender.

Question 2

Will Jill likely be bound by the arbitration provision that she can only receive $150 in damages?

Accepted Answer

A)   Yes, she signed the agreement.
B)   She will likely be bound only if the company can show that it has not made a substantial profit in the past 12 months.
C)   If an arbitration award on that basis is appealed, a federal district judge would likely find the provision unenforceable.
D)   She can avoid the provision if she testifies that she did not read it before signing the agreement.
E)   She will likely be bound unless she can show that the company made a misrepresentation to her.

Question 3

An arbitrator is more likely to issue a compromise decision than a judge.

Accepted Answer

A) True 
 B)False

Question 4

What type of dispute resolution process is med-arb?

Accepted Answer

A)   A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.
B)   A process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on one or more points, move on to court-annexed ADR.
C)   A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
D)   A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
E)   A special type of blended mediation and arbitration applicable only in the medical malpractice arena.

Question 5

Which of the following is accurate regarding the speed and cost of ADR?

Accepted Answer

A)   It is usually faster and cheaper.
B)   It is usually faster but more expensive.
C)   It is usually slower and more expensive.
D)   It is usually slower but cheaper.
E)   No studies have known, so issues regarding the speed and cost of ADR as opposed to traditional litigation is unknown.

Question 6

Is Brice correct that a federal law provides that arbitration agreements involving international businesses are unenforceable?

Accepted Answer

A)   He is partially correct. The law only applies to any country not a party to the North American Free Trade Agreement.
B)   He is partially correct. The law only applies to any country that has signed the North American Free Trade Agreement.
C)   He is partially correct. The law only applies to European countries.
D)   He is incorrect.
E)   He is correct.

Question 7

Which of the following is accurate regarding George's refusal to hear testimony other than that presented by Bob and Susan?

Accepted Answer

A)   George was wrong. He had a duty to consider other relevant testimony as well.
B)   George was correct.
C)   George was correct, but only because the dispute involved the discontinuance of a business.
D)   George had a duty to consider other testimony, but only up to two other witnesses per side.
E)   George had a duty to consider other testimony, but only up to three other witnesses per side.

Question 8

Assuming that Uniform Mediation Act provisions and the Federal Arbitration Act apply,can Brice obtain information regarding what occurred at previous mediations and arbitrations?

Accepted Answer

A)   Under federal law, Brice is entitled to all documents introduced at both mediations and arbitrations, and he can also get copies of statements, but only for proceedings at which a court reporter was present.
B)   Under federal law, in regard to mediations, Brice can get copies of any written documents reviewed but not accounts of statements; and he cannot get any information regarding previous arbitrations.
C)   Under federal law, Brice can get accounts of statements but not copies of written documents in regard to both mediations and arbitrations.
D)   Under federal law, Brice can get copies of documents but not accounts of statements in regard to both mediations and arbitrations.
E)   Federal law does not entitle Brice to any information from previous mediations or arbitrations.

Question 9

Which of the following is true regarding areas in which arbitration is used?

Accepted Answer

A)   Arbitration is used in medical malpractice cases, environmental disputes, commercial contract disputes, and insurance liability claims.
B)   Arbitration is used in medical malpractice cases, environmental disputes, and commercial contract disputes, but not in insurance liability claim disputes because those claims are governed strictly by state regulatory law.
C)   Arbitration is used in environmental disputes, commercial contract disputes, and insurance liability claim disputes, but not in medical malpractice cases because those cases are governed strictly by state statutory law and also state common law on negligence.
D)   Arbitration is used in medical malpractice cases, environmental disputes, and insurance liability claim disputes, but not in commercial contract disputes because those disputes are governed by the UCC.
E)   Arbitration is used in medical malpractice cases, commercial contract disputes, and insurance liability claim disputes, but not in environmental disputes because those disputes are governed strictly by federal law.

Question 10

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?

Accepted Answer

A)   Mediation is required by law in federal district court.
B)   Arbitration is required by law in federal district court.
C)   Mediation is required by law in federal district court, but arbitration is not required.
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)   Federal district courts vary on the approved ADR methods.

Question 11

What is the primary ADR process used in federal district courts?

Accepted Answer

A)   Mediation
B)   Arbitration
C)   Summary jury trials
D)   Early neutral case evaluation
E)   Private trials A

Question 12

The term ADR refers to the resolution of legal disputes through methods other than litigation.

Accepted Answer

A) True 
 B)False

Question 13

What are four advantages of ADR over traditional litigation as set forth in the text?

Accepted Answer

(1)It is usually faster and cheaper.
(2)Some forms of ADR can be structured so that a business may avoid the uncertainty associated with a jury decision.
(3)A business may wish to avoid setting a precedent through a court decision.
(4)Because many forms of ADR are less adversarial than litigation,the parties are able to preserve a business relationship.

Question 14

If a contract does not provide for arbitration,parties may submit a specific dispute involving a contractual provision to arbitration through the use of a ______.

Accepted Answer

A)   Binding arbitration clause
B)   Submission agreement
C)   Binding mediatory clause
D)   Suggested ADR resolution clause
E)   The parties may not submit a specific dispute to arbitration if the contract does not provide for arbitration B

Question 15

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Accepted Answer

A)   The court fully enforced the arbitration agreement as it was written.
B)   The court required that Hooters rewrite the arbitration agreement, and it was then enforced.
C)   The court itself rewrote the arbitration agreement, and it was then enforced.
D)   The court enforced the arbitration agreement in part, but required, contrary to the agreement, that Hooters provide the employee the specifics of its defenses at least 5 days before the commencement of the arbitration.
E)   The arbitration agreement was not enforced by the court.

Question 16

In which of the following do parties select a neutral third party and explain their respective positions to this neutral,who then evaluates the strengths and weaknesses of the case?

Accepted Answer

A)   Summary jury trial
B)   Med-arb
C)   Early neutral case evaluation
D)   Private trials
E)   Neutral submission

Question 17

Which of the following was the result at the U.S.Supreme Court level in Circuit City v.Saint Clair Adams,the case in the text involving whether arbitration applies in employment contracts?

Accepted Answer

A)   The Court ruled that the Federal Arbitration Act applies in employment contracts.
B)   The Court ruled that neither the Federal Arbitration Act nor the common law of arbitration applies in employment contracts.
C)   The court ruled that the Federal Arbitration Act does not apply in employment contracts but that state statutes involving arbitration would apply to employment contracts.
D)   The Court ruled that the Federal Arbitration Act does not apply in employment contracts but that the common law of arbitration applies in employment contracts.
E)   The Court ruled that whether the Federal Arbitration Act applies in employment disputes depends on the type of employment dispute involved, and that if the dispute involves claims of age discrimination, the Federal Arbitration Act does not apply.

Question 18

A(n) ______ is a provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration.

Accepted Answer

A)   Binding arbitration clause
B)   Court-annexed arbitration clause
C)   Approved mediation/arbitration clause
D)   Consolidated merger clause
E)   ADR neutral clause

Question 19

ADR is a process done only in the U.S.,not in foreign countries.

Accepted Answer

A) True 
 B)False

Question 20

According to the text,positive points of arbitration involve(s) which of the following?

Accepted Answer

A)   Arbitrators are assigned so parties do not have to pick them.
B)   Arbitration is generally less expensive than litigation.
C)   Arbitrators are bound by the same rules as judges in applying precedent.
D)   Arbitrations can be set aside on appeal for the same reasons as court judgments.
E)   Arbitrations prohibit the use of legal counsel.

Exam 4: Alternative Dispute Resolution

Correct Answer
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Will Jill likely be bound by the arbitration provision that she can only receive $150 in damages?

Correct Answer
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An arbitrator is more likely to issue a compromise decision than a judge.

Correct Answer
verified

What type of dispute resolution process is med-arb?

Correct Answer
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Which of the following is accurate regarding the speed and cost of ADR?

Correct Answer
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Is Brice correct that a federal law provides that arbitration agreements involving international businesses are unenforceable?

Correct Answer
verified

Which of the following is accurate regarding George's refusal to hear testimony other than that presented by Bob and Susan?

Correct Answer
verified

Assuming that Uniform Mediation Act provisions and the Federal Arbitration Act apply,can Brice obtain information regarding what occurred at previous mediations and arbitrations?

Correct Answer
verified

Which of the following is true regarding areas in which arbitration is used?

Correct Answer
verified

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?

Correct Answer
verified

What is the primary ADR process used in federal district courts?

Correct Answer
verified
A

The term ADR refers to the resolution of legal disputes through methods other than litigation.

Correct Answer
verified

What are four advantages of ADR over traditional litigation as set forth in the text?

If a contract does not provide for arbitration,parties may submit a specific dispute involving a contractual provision to arbitration through the use of a ______.

Correct Answer
verified
B

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Correct Answer
verified

In which of the following do parties select a neutral third party and explain their respective positions to this neutral,who then evaluates the strengths and weaknesses of the case?

Correct Answer
verified

Which of the following was the result at the U.S.Supreme Court level in Circuit City v.Saint Clair Adams,the case in the text involving whether arbitration applies in employment contracts?

Correct Answer
verified

A(n) ______ is a provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration.

Correct Answer
verified

ADR is a process done only in the U.S.,not in foreign countries.

Correct Answer
verified

According to the text,positive points of arbitration involve(s) which of the following?

Correct Answer
verified

Exam 4: Alternative Dispute Resolution

Correct AnswerverifiedShow Answer

Will Jill likely be bound by the arbitration provision that she can only receive $150 in damages?

Correct AnswerverifiedShow Answer

An arbitrator is more likely to issue a compromise decision than a judge.

Correct AnswerverifiedShow Answer

What type of dispute resolution process is med-arb?

Correct AnswerverifiedShow Answer

Which of the following is accurate regarding the speed and cost of ADR?

Correct AnswerverifiedShow Answer

Is Brice correct that a federal law provides that arbitration agreements involving international businesses are unenforceable?

Correct AnswerverifiedShow Answer

Which of the following is accurate regarding George's refusal to hear testimony other than that presented by Bob and Susan?

Correct AnswerverifiedShow Answer

Assuming that Uniform Mediation Act provisions and the Federal Arbitration Act apply,can Brice obtain information regarding what occurred at previous mediations and arbitrations?

Correct AnswerverifiedShow Answer

Which of the following is true regarding areas in which arbitration is used?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

What is the primary ADR process used in federal district courts?

Correct AnswerverifiedA

The term ADR refers to the resolution of legal disputes through methods other than litigation.

Correct AnswerverifiedShow Answer

What are four advantages of ADR over traditional litigation as set forth in the text?

If a contract does not provide for arbitration,parties may submit a specific dispute involving a contractual provision to arbitration through the use of a ______.

Correct AnswerverifiedB

What was the result in the Case Opener in which an employee of Hooters complaining of sexual harassment attempted to avoid a signed arbitration agreement?

Correct AnswerverifiedShow Answer

In which of the following do parties select a neutral third party and explain their respective positions to this neutral,who then evaluates the strengths and weaknesses of the case?

Correct AnswerverifiedShow Answer

Which of the following was the result at the U.S.Supreme Court level in Circuit City v.Saint Clair Adams,the case in the text involving whether arbitration applies in employment contracts?

Correct AnswerverifiedShow Answer

A(n) ______ is a provision in a contract that mandates that all disputes arising under the contract must be settled by arbitration.

Correct AnswerverifiedShow Answer

ADR is a process done only in the U.S.,not in foreign countries.

Correct AnswerverifiedShow Answer

According to the text,positive points of arbitration involve(s) which of the following?

Correct AnswerverifiedShow Answer

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A

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B

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