Chapter 4 Business Law : mcgraw hill
Which of these types of cases would be best suited to resolution using alternative dispute resolution?
A contract dispute
Which of these disputes would least likely be resolved using alternative dispute resolution?
A person is accused of theft and does not think the charges are correct.
Which of these is not considered to be a responsive type of alternative dispute resolution (ADR)?
ADR contract clauses
Who can choose which cases go to settlement week?
Attorneys or the judge
Which of the following statements about alternative dispute resolution is correct?
Mediation and arbitration can be scheduled at any time.
An alternative dispute resolution (ADR) strategy that is invoked after a dispute has arisen is considered to be a(n) ______ ADR strategy.
Responsive
Which of theses statements regarding arbitration procedures is correct?
They are generally more flexible than those in a lawsuit.
Which of these statements about summary jury trials is correct?
They focus only the essential facts and law in the case.
Which of these is not a type of scientific construction?
Hydroelectric cars
The National Center for Technology and Dispute Resolution has established principles for ______ categories.
17
The EU ODR platform is guaranteed not to take more than ________ days
90
The collective science court proposal would allow which of these people, if any, to be judges?
Both scientists with extra legal training, and lawyers or judges with extra scientific education.
Which of these is not considered to be a problem with alternative dispute resolution (ADR)?
Cases can be scheduled without regard to court dockets.
C-ADR stands for _______
Cyber Alternative Dispute Resolution
involves an attempt to reach an agreement between two or more parties using specialized electronic communications techniques.
Cyber-negotiating
The standard for evaluation of scientific evidence is referred to as the ______ Standard.
Daubert
Most cases that non-governmental organizations hear involve which of these issues?
Due process or equal protection rights
An ADR technique in which the parties allow a referee to make a non-binding assessment of their case based on facts and legal arguments only is known as ______ neutral evaluation.
Early
Critics of the proposed collective science court argue that the Court of Appeals for the ______ Circuit is already there to handle patent cases.
Federal
FAA
Federal Arbitration Act
Which of these is not considered to be a factor that makes litigation time consuming?
Finding an arbitrator
A valid ADR contract clause can specify which of these regarding referral of disputes to ADR?
It can allow for optional or mandatory ADR referrals.
Which of these is correct about an ADR contract clause?
It can be written to cover just about any kind of dispute that arises.
Which of these is not correct about the Court of Appeals for the Federal Circuit and its handling of patent cases?
It can only hear patent cases.
Which of these is correct about critics' opinions of creating a science court to determine future development of major scientific construction project in a region?
It gives one institution too much power.
Which of these is correct about litigation?
It is generally more expensive than alternative dispute resolution.
Which of the following is not correct regarding partnering?
It is not a good tool when there are many parties to a contract who have to perform cooperatively.
When a state requires an arbitration prior to a case going to trial, it is called ______ arbitration.
Mandatory
Most cases that go to settlement week are referred to which type of ADR?
Mediation
Which types of ADR techniques can be agreed to in an ADR contract clause?
Mediation, arbitration or binding arbitration
In which of these situations would negotiated rule making be considered an effective method of an agency creating a new regulation?
One that involves details that are outside of the expertise of the agency
In which of these situations would partnering probably work the best?
Parties are entered into a construction agreement.
Which of these is an alternative dispute resolution (ADR) strategy that establishes a supportive relationship among parties to a contract to prevent later disputes?
Partnering
An ADR technique in which the litigants hire a retired judge to hear a case using the same techniques as a trial is called a(n) ______ civil trial
Private
The primary goal of mediation is to help the parties ______ a dispute without having to got through the expense and time of a trial.
Settle
Which of these is not a proactive alternative dispute resolution (ADR) strategy?
Summary jury trial
The ODR platform is an ADR platform for which entity?
THe EU
Which of these is not an argument made by critics of the proposed collective science court?
The collective science court would not necessarily be the last word in a case heard before it.
When a party challenges the decision of an arbitrator, in which forum will the dispute be reviewed, if any?
The courts
When a case is brought to a non-governmental organization as part of the post-appellate procedure, against whom is the case brought?
The government who rejected or denied hearing the case
Which of these is correct regarding the forum in which an arbitration would take place under an international arbitration agreement?
The parties can select where the arbitration hearing would take place.
Which of these statements regarding arbitration is correct?
The parties may agree that arbitration is binding.
Which of these things is not necessary for a successful summary jury trial?
The parties should be given as much time as they want to bring their cases.
Which of these statements about mediation is correct?
The parties themselves remain involved in attempts at settlement.
Which of these is not an advantage of alternate dispute resolution?
The processes are consistent over every case.
In which of these situations is an ADR contract clause advantageous?
When the parties to the contract have a lengthy association with each other
Since litigation is a(n) ______ system, many people believe that winning a case often depends on who has the better advocate instead who is in the right
adversarial
Negotiated rule making allows for people to have input into decisions of ______.
agencies
A well written international arbitration agreement would contain a clause
allowing for a party to bring an attorney from a jurisdiction of their choice.
Unconventional techniques for solving legal disputes in ways other than litigation are collectively known as ______ dispute resolution.
alternative
Med-arb is a combination of ______ and ______
arbitration mediation
Decisions rendered by judges in private trials are ______ and allowed to be appealed.
binding
A proposed forum to settle disputes involving scientific and technical controversies is the
collective science court.
C-med
cyber mediation
C-neg stands for ____________.
cyber negotiation
C ADR is also known as _________
e-ADR
Courts may _______ an ADR contract clause if it is not precise and unambiguous.
invalidate
Cyber arbitration
is the use of electronic techniques by parties and a third party evaluator to settle a case.
In a mediation, the person who helps the parties in dispute settle their issues is called a(n)
mediator
Any award in an early neutral evaluation is
optional for the parties to accept or to deny.
When a person takes steps to agree in advance to enter into alternative dispute resolution (ADR), should a dispute later arise, the person is using a(n) ______ ADR strategy.
proactive
The Daubert Standard is a straightforward criteria for the evaluation of evidence that requires no special ______ training.
scientific
A five day period in which a court's docket is cleared of everything before it except settlement hearings is known as ______ week.
settlement
Choose the types of ADR that could use cyber tools to perform.
summary jury trials private civil trials
If an ADR contract shocks the conscience of the court, it will be deemed to be ___
unconscionable