Question: Subject-matter jurisdiction is a court’s power to hear certain kinds of cases.
Answer Options:
True or False
Answer: True
Question: If a party does not abide by an agreement reached in mediation, which of the following is true regarding the subsequent remedy?
Answer Options:
A. Because mediation is a voluntary process, there is no legal remedy.
B. The remedy is to return to mandatory mediation.
C. The remedy is to proceed to binding arbitration.
D. The remedy is to sue for breach of contract.
E. The remedy is to proceed to a minitrial.
Answer: D) The remedy is to sue for breach of contract.
Question: When can an arbitration award be set aside?
Answer Options:
A. If the parties do not agree with the outcome of the arbitrator’s award.
B. If the award resulted from fraud, corruption, or the arbitrator misbehaved in a way that prejudiced the rights of the parties.
C. If a court does not like the arbitrator that the parties picked.
D. If the arbitrator was a lawyer and not a judge.
E. If the arbitrator was a judge and not a lawyer.
Answer: B) If the award resulted from fraud, corruption, or the arbitrator misbehaved in a way that prejudiced the rights of the parties.
Question: Which of the following is correct regarding the speed and cost of ADR compared to litigation?
Answer Options:
A. ADR is usually faster and less expensive than litigation.
B. ADR is usually faster but more expensive than litigation.
C. ADR is usually slower and more expensive than litigation.
D. ADR is usually slower but less expensive than litigation.
E. No studies have been conducted, so it is not possible to compare the speed and cost of ADR versus litigation.
Answer: A) ADR is usually faster and less expensive than litigation.
Question: Which of the following are the two approaches commonly found in negotiations?
Answer Options:
A. Problem-solving and neutral
B. Neutral and adversarial
C. Golden Rule and problem-solving
D. Adversarial and problem-solving
E. Golden Rule and adversarial
Answer: D) Adversarial and problem-solving
Question: Med-arb is which type of dispute resolution process?
Answer Options:
A. The parties agree to begin in mediation and if mediation is unsuccessful, to move on to arbitration.
B. The parties agree to begin in arbitration and if arbitration is successful, to move on to court-annexed ADR.
C. The parties agree to begin in mediation and if mediation is unsuccessful, to move on to a summary jury trial.
D. The parties agree to begin in arbitration and if arbitration is successful, to move on to a private trial.
E. A special type of blended mediation and arbitration applicable only to medical malpractice cases.
Answer: A) The parties agree to begin in mediation and if mediation is unsuccessful, to move on to arbitration.
Question: Many federal district courts use ADR to resolve disputes within cases. Which form of ADR is most often used?
Answer Options:
A. Arbitration
B. Mediation
C. Federal summation
D. Federal private trials
E. Minitrials
Answer: B) Mediation
Question: One type of ADR method is med-arb.
Answer Options:
True or False
Answer: True
Question: To qualify to serve as an arbitrator, a person must be an attorney.
Answer Options:
True or False
Answer: False
Question: An arbitrator is more likely to issue a compromise decision than a judge.
Answer Options:
True or False
Answer: True
Question: In COMM 307, we rely on everyday ways of knowing—like intuition—to make claims.
Answer Options:
True; False
Answer: False
Question: We cannot measure the presence of God from a social scientific perspective as it violates which of the following assumptions:
Answer Options:
Its objects are orderly; Its objects are observable; Its objects are measurable; All of the above; Actually, we can
Answer: All of the above
Question: Research proceeds in a step-by-step process. This 5‑step process is which characteristic of science?
Answer Options:
It is creative; It is reflexive; It is cyclical; It is self‑correcting; It is systematic
Answer: It is systematic