BUS LAW Chapter 4
Which of the following is true of arbitration?
An arbitration hearing can be planned and executed by the parties themselves
Which of the following statements about a mediator is true?
The mediator usually encourages the disputing parties to compromise on their demands, but cannot force the parties to do so
A collective science court (CSC) will not succeed unless it has the power to compel the parties to submit to its authority.
true
A private civil trial follows the same rules used in an official trial
true
An arbitration hearing can be planned and executed by the parties themselves
true
An arbitration hearing can be planned and executed by the parties themselves.
true
Arbitration and mediation can usually be scheduled quicker than litigation.
true
Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise
true
Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise..
true
In negotiated rulemaking, affected parties can contest a rule established by a rule-making agency
true
In negotiated rulemaking, affected parties can contest a rule established by a rule-making agency.
true
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.
true
Settlement week is a five-day period during which a court's docket is cleared of all business, except for settlement hearings
true
Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date
true
Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.
true
The parties involved in the dispute can use early neutral evaluation (ENE) to settle a case or proceed to trial
true
To be enforceable and upheld by a court, an ADR contract clause should include all the following standard provisions except:
whether both parties have sufficient insurance resources to sustain the award
Early neutral evaluation (ENE) is a(n):
ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone.
Which of the following is true of litigation and ADR?
Litigation is generally more expensive than ADR procedures
Which of the following is a disadvantage of entering into an international arbitration agreement?
Local laws of a particular nation may prevent a party from using certain arbitrators
____________, a form of ADR, combines the best aspects of ____________ and ____________.
Med-arb; mediation; arbitration
Which of the following is generally true of arbitration?
The arbitrator's decision can be appealed in court
____________ is an ADR technique by which parties hire a retired judge or a magistrate to hear the dispute, following rules used in an official trial
a private civil trial
Big Co. and Gantt Co. have entered into a contract for a long-term construction project. The companies opt to use a partnering process to resolve disputes. The partnering process between them will begin
after the contract has been finalized, but before the project has begun
An ADR contract clause:
can merely state that the parties have the option of using an ADR technique
ADR is most likely to be useful in cases involving:
contracts
A criminal law case can be resolved by an ADR panel
false
A criminal law case can be resolved by an ADR panel.:
false
ADR clauses are only beneficial to those parties with the strongest position within a contractual relationship.
false
ADR is intended as a replacement for the legal system.
false
Colleagues Sarah and Julia are involved in a dispute and get another colleague, William, to make suggestions about resolving their dispute. This is an attempt at arbitration.
false
In a summary jury trial, there is no time limit placed on the parties as this allows them to practice their arguments.
false
Litigation is the process by which adversaries voluntarily settle their disputes.
false
Med-arb is a process that combines negotiation and mediation to deliver effective results.
false
Mediation always follows the filing of a lawsuit.
false
Post-appellate procedures
involve taking a case that has been rejected or dismissed by a domestic court to an international organization
Opponents of _______________ have challenged it because they believe it is an unconstitutional deprivation of their right to a trial by jury and equal protection under the law.
mandatory arbitration
Because many ADR techniques completely sidestep the courts:
many critical social issues may never reach the judicial system
____________ is an ADR process by which an agency invites the people and the organizations that would be affected by a new rule to have input into the writing of that rule.
negotiated rulemaking
During a settlement week, the court:
requires attorneys to be present for mediation sessions
The judges on the collective science court must be:
scientists with expertise in the areas under investigation
In a(n) ____________, the jury provides an advisory verdict based on the facts
summary jury trial
Which of the following is generally true of arbitration?
the arbitrator's decision can be appealed in court
