BUS 13 CH 4

B

A _____ is a type of alternative dispute resolution (ADR) in which a condensed version of the case is presented to the top management from both sides, and the proceedings are conducted by a neutral party. A) pretrial B) mini-trial C) summary jury trial D) med-arb

C

Depositions and interrogatories occur during the _____ stage of litigation. A) trial B) voir dire C) discovery D) deliberation

False

In a business context, legal counsel is not only a primary and important source of information and advice but is also solely responsible for making decisions about how to resolve a dispute.

D

In private arbitrations A) the arbitrator's decision is considered the final decision by both the parties. B) the losing party has to get the approval of the winning party to appeal to a trial court. C) the arbitrators are federal judges. D) the two parties agree to arbitrate.

True

Summary jury trials are used primarily in federal courts but have occasionally been used by state courts when there are complex issues to be litigated.

B

Ted is on trial for murder. The prosecution must provide _____ evidence in order to secure Ted's conviction. A) summary B) inculpatory C) exculpatory D) uncorroborated

False

The Federal Arbitration Act is a statute in which Congress has endorsed the use of mediation as the preferred dispute resolution method in matters governed by federal law.

False

Arbitration clauses are rarely used in the context of labor and employment disputes.

True

Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law.

False

If arbitration is nonbinding, the arbitrator's decision is final unless both parties in the dispute agree to have the case reopened.

False

If parties in a dispute have not reached an agreement at the end of a mediation activity, the mediator makes the decision for them, and this decision is binding on the parties.

B

Joan is on trial for first-degree murder. It is a jury trial in which she is pleading not guilty. Presently, the plaintiff's attorney is asking questions of the witnesses on the plaintiff's list. This is known as _____. A) voir dire B) direct examination C) preponderance of evidence D) deliberation

True

Litigation is likely to have an adverse effect on the business relationship between the parties.

False

Mary sues Moe and wins the case, receiving a court judgment entitling her to the amount of $42,000 from Moe. In this case, Moe is most likely to become the judgment creditor.

False

The time spent in alternative dispute resolution (ADR) is much more than that spent in discovery, a civil jury trial, and possible appeal.

D

Which of the following is a difference between litigation and trial? A) There are no varieties of litigation, whereas there are many varieties of trial. B) Trial can be used only in civil cases, while litigation can be used only in criminal cases. C) Unlike trial, litigation does not include pretrial events. D) The scope of litigation is broader than that of trial.

A

Which of the following is a type of informal alternative dispute resolution (ADR)? A) Settlement agreement B) Expert evaluation C) Mediation D) Arbitration

A

Which of the following is always true of litigation and arbitration? A) The hearing is conducted in a formal setting. B) Both sides are represented by an attorney. C) Opening statements are made. D) Rules of evidence apply.

A

Which of the following is true of alternative dispute resolution? A) Accidental disclosure of confidential business information is unlikely to occur in ADR because ADR methods are usually conducted in private. B) Costs of ADR are typically higher than costs of litigation. C) There is no focus on preserving business relationships. D) ADR processes are typically time-consuming, often taking more time than litigation.

D

Which of the following statements is NOT true of the Federal Arbitration Act (FAA)?+ A) It offers a means for enforcing arbitration agreements. B) It provides grounds for setting aside arbitrators' rulings. C) It provides a means for enforcing arbitrators' decisions through the use of federal courts. D) It spells out specific procedures and formats for conducting arbitration proceedings.