LAW TEST LESSON 4!!

According to subsection (c) of the Federal Arbitration Act, which of the following actions constitutes misconduct on the part of an arbitrator that justifies vacating an arbitration award?

Accepting gifts from a party during the proceedings

Which of the following statements is true of commercial speech?

Freedom of speech for corporations may not be as extensive as the right of an individual.

Which of the following statements is true of the due process clause?

It does not prevent private corporations from acting in an arbitrary manner.

Which of the following statements is true of the regulation of foreign commerce under the commerce clause?

The power to regulate foreign commerce is total and vested exclusively in the federal government.

Which of the following statements is true of voluntary arbitration?

The procedure is not tied to a court and is not bound by rules of evidence.

Jim Corp. and Bartle Inc., two parties involved in a spice trade contract, enter into a dispute because of conflicting interests. They are unable to agree to arbitrate and opt for settlement through litigation. This scenario indicates that to settle disputes, Jim Corp. and Bartle Inc. are most likely to have included __________.

a postdispute arbitration agreement in their business contract

A _____ in mediation occurs when a mediator meets privately with one party without the other party.

caucus

36. The separation of powers between levels of government is known as ______.

federalism

An arbitrator's award must __________.

give a disclosure of findings and the reasons if an arbitration agreement so requires

The takings clause of the Fifth Amendment to the Constitution allows

government to take specific resources away from private owners for public use upon the payment of just compensation.

The Second Amendment consists of the ______.

right to possess guns

The strict scrutiny approach is applied to cases involving rights such as the

right to travel.

The final step to a successful mediation is __________.

the writing and signing of the agreement by the disputing parties

Mediators are similar to arbitrators in

they must be disinterested third parties

Which of the following statements is true of the minimum rationality approach?

A permissible state end is not prohibited by another provision of the Constitution.

Which of the following statements is true of mediation?

A trial judge can require the disputing parties to submit to the mediation process before a complaint can be litigated formally.

_____, one of the seven elements of principled, interest-based negotiations, are outcomes that are possible without the agreement of the other party in a negotiation.

Alternatives

Milkmen Corp., a dairy product manufacturer, faces issues on various fronts like accounting discrepancies, use of preservatives, and retailer relations. Which of the following processes is Milkmen Corp. most likely to choose if it intends to settle the issues using a relatively quick and inexpensive resolution system?

Arbitration

_____ is the technique used in collective-bargaining contracts to settle grievances of employees against their employers.

Arbitration

Which of the following statements is true of arbitrators?

Arbitrators should be disinterested in the financial effect of a decision.

______ states the Constitution will become effective upon ratification of the states.

Article VII

Unlike an arbitrator, a mediator __________.

Cannot impose a binding solution on the disputing parties

The _____ of the U.S. Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

Commerce Clause and the Supremacy Clause

Which of the following statements is true of amendments and basic protections?

Constitutional rights may be narrowly interpreted during emergencies such as war.

. _____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.

Court-annexed mediation

Jane is deprived of her alimony from Ben as he is reluctant to make a settlement. Which of the following statutes is most likely to be applicable in this case?

D. Mandatory arbitration statute

Which of the following statements is true of the use of alternative dispute resolution (ADR) techniques?

Disputing parties can agree to use an ADR technique after a dispute arises.

Which of the following statements is true of arbitration procedures?

Generally, the award resulting from the voluntary arbitration procedure is final.

Which of the following statements is true of preemption?

If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional.

Which of the following statements is true of the Federal Arbitration Act?

It covers any arbitration clause in a contract that involves interstate commerce.

Which of the following statements is true of freedom of speech?

It covers both verbal and written communications.

Which of the following statements is true of the strict scrutiny approach?

It is applied to cases involving classifications directed at fundamental rights.

Which of the following statements is true of freedom of the press?

It is usually construed to prohibit prior restraints on publications.

______, a tort theory, is used to recover damages as a result of printed defamation of character.

Libel

A particular state decrees that the parties to a divorce case involving a property dispute take up arbitration. Which of the following types of arbitration is depicted in this case?

Mandatory arbitration

When the disputing parties agree to resolve all matters of contention that they can and agree to arbitrate the unresolved matters, they are said to be using an alternative dispute resolution technique known as _____.

Med-Arb

_____ is the process used to persuade or coerce someone to do what one wants them to do.

Negotiation

_____, one of the seven elements of principled, interest-based negotiations, involve the negotiating parties brainstorming possible solutions to their dispute.

Options

_____ arise when parties already in dispute decide that arbitration is better than litigation.

Postdispute arbitration agreements

_____ has been described as a better approach to negotiating among disputing parties in the book Getting to Yes by Roger Fisher, William Ury, and Bruce Patton.

Principled, interest-based negotiation

______ cases involve whether proper notice has been given and a proper hearing has been conducted.

Procedural due process clause

The ______ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people.

Tenth Amendment

Which of the following statements is true of arbitration?

The decisions arising from arbitration are binding on the disputing parties.

_____ frame the issues to be resolved and define the scope of an arbitrator's powers.

The disputing parties

Which of the following is one of the primary reasons for the increase in the number of mediations?

The disputing parties in the mediation process retain control over when to settle.

Which of the following statements is true of federalism?

The federal government recognizes that it was created by the states.

Which of the following statements is true of the quasi-strict scrutiny tests?

The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches.

Which of the following statements is true of caucuses in dispute resolution?

They are sometimes used by mediators to make the mediation processes more productive.

Which of the following statements is true of focus groups?

They are used by attorneys, and they point out weaknesses in a particular case.

Which of the following statements is true of principled, interest-based negotiations?

They involve seven elements that vary in importance depending on the factual situation in dispute and on the parties' individual perspectives.

Which of the following statements is true of conflicts?

They lead to disputes when coupled with claims that are rejected. D. They cease to exist when there are two or more points of view.

Ahmed and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, both agree that they will be required to settle all disputes through arbitration. Which of the following statements is true of this situation?

This case is an example of a voluntary arbitration clause.

Which of the following is given first priority when various laws are not consistent?

U.S. Constitution

Which of the following statements is true of the supremacy clause?

Under this clause, it is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.

The ______ creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States.

United States Constitution

The decision handed down by an arbitrator in a hearing is called a(n) _____.

award

Unlike mandatory arbitration, voluntary arbitration is __________.

based on parties' agreement after dispute arises or on contract clause before dispute arises

The effect of the Federal Arbitration Act on state laws is that state laws __________.

cannot prevent arbitration of disputes if the disputing parties are engaged in interstate commerce

Hot Hogs Corporation, an international hotdog eatery, produces a misleading television advertisement, which shows that one hotdog of Hot Hogs contains only 30 grams of fat. A consumer organization, a group that protects consumers from corporate exploitation, files a complaint with a federal institution which in turn issues an order prohibiting Hot Hogs from making such statements about its products without scientific evidence. This instance of regulation on advertising about food products is an example of a limitation on ______.

commercial speech

According to Roger Fisher, William Ury, and Bruce Patton, any successful negotiation must conclude with the disputing parties making realistic _____.

commitments

______ means that the government may not act in a manner that is arbitrary, capricious, or unreasonable.

due process

The concept of incorporation through the ______ has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations.

due process clause

Mandatory arbitration can be constitutional if __________.

fair procedures are provided by the legislature and ultimate judicial review is available

In the context of alternative dispute resolution systems, _____ deliberate and make findings that give attorneys insight into possible jury reaction to the evidence in a case.

focus groups

Judicial review of the awards of voluntary arbitration can correct __________.

fraudulent or arbitrary actions by an arbitrator

Nelly and Mario are graffiti artists who belong to a minority community. They create designs and paintings depicting social issues that affect their community. They make sure their artwork is not obscene and does not incite a hateful reaction. They exhibit their art pieces at art shows. In this case, which of the following First Amendment protections is applied to the actions of Nelly and Mario?

freedom of speech

Quasi-strict scrutiny tests are used in cases involving classifications based on ______.

gender

Which of the following statements is true of the contract clause?

it does not restrict the federal government's power to impact contractual relationships.

Which of the following statements is true of an award?

it is not subject to judicial review on the merits of a decision.

In the context of judicial review of voluntary arbitration, error of law renders an arbitration award void only when __________

it violates a positive mandate of the law

According to Roger Fisher, William Ury, and Bruce Patton, _____ is an element of principled, interest-based negotiations that involves the application of accepted standards to the topic negotiated—rather than having the disputing parties state unsupported propositions.

legitimacy

Gerard works for a weekly magazine in the state of California. He is held responsible for publishing an article that falsely accuses the governor of the state. In this case, Gerard is most likely to be accused of ______.

libel

The courts have generally defined just compensation in terms of

market value of a specific resource.

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations __________.

normally do not affect the results of arbitration

A zoning ordinance holds that writing anything on both public and private properties, including one's own private property, is a crime. This law is most likely to be unconstitutional based on the ______.

overbreadth doctrine

An airport authority resolution declared the central terminal area "not open for First Amendment activities." The resolution was unconstitutional under the First Amendment ______.

overbreadth doctrine

The ______ is most likely to be applied when the legislators have gone too far in seeking to achieve a goal.

overbreadth doctrine

Under the minimum rationality approach, a(n) ______ qualifies as a legitimate goal of government.

permissible state end

A negotiation between a seller and a buyer begins with each party stating their respective expectations in a competitive style. The seller starts with as high an asking price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. In the context of negotiation methods, this scenario is an example of _____.

positional bargaining

A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of ______.

preemption

Libel cases compensate individuals for harm inflicted by ______.

printed defamatory falsehoods

A military institute in a particular state launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches is most likely to be adopted in this case?

quasi-strict scrutiny approach

Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can __________.

reject an award and seek a review in the appropriate trial court

The ______ test is used if the classification involves either a suspect class or a fundamental constitutional right.

strict scrutiny

In the context of alternative dispute resolution systems, the act of referring a matter to arbitration is called _____.

submission

Under the ______, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law.

supremacy clause

Classifications directed at race, national origin, and legitimacy of birth are ______.

suspect classes

The ______ of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain.

takings clause

Which of the following federal laws preempts a state law that authorizes a tort claim by workers that a union has breached its duty to ensure a safe workplace?

the Landrum-Griffin Act

Snow Crystals Inc., a leading construction company, has constructed a skate park on government land after signing a leasing agreement with the state government. A few years later, the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park is already constructed. The proprietors of Snow Crystals claim that the state authority has violated the leasing agreement. Which of the following is most likely to be applied in this case between Snow Crystals Inc. and the state government?

the contract clause

In the context of judicial review of mandatory arbitration, de novo review means that __________.

the court tries the issues anew as if no arbitration occurred

Arbitrators generally are chosen by _____.

the disputing parties

Which of the following clauses states that Congress shall make no law respecting an establishment of religion?

the establishment clause

A school prohibits its students from praying even during breaks. It also prohibits its students from forming prayer groups. In this case, which of the following clauses of the First Amendment is the school most likely to violate?

the free exercise clause

In the absence of a statute, the rights and duties of the disputing parties to a submission for arbitration are described and limited by _____.

the parties' agreement

When arbitration is pursuant to state statute, _____.

the statute determines what grounds may be used to challenge an award in court

Valencia secures a good grade with a 4.0 GPA in her admission test. However, she is denied admission by a community college. She files a suit stating that she was discriminated on the basis of race. She claims that she was rejected because the college used race as an important factor, giving applicants belonging to minority groups a greater chance for admission than students with similar credentials belonging to disfavored racial groups. In deciding this case using the equal protection clause, which of the following approaches is most likely to be used by courts?

the strict scrutiny approach

A state law imposed additional restrictions on companies in hiring foreign workers. The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. In this case, which of the following supports the act of the Court?

the supremacy clause

In the context of alternative dispute resolution, mediators __________.

typically use the principles of interest-based negotiations

Which of the following classifications is most likely to be presumed valid under the minimum rationality approach?

weight