Woolpert Risk Awareness Program - Module 6
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This quiz covers the material from Module 6. You MUST submit your name (First Name Last Name) so as to receive credit for your score.
Questions and Answers
- 1.
True or false? The results of mediation are binding on the parties.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
It is up to the parties whether to agree to settle during mediation. The results of arbitration (unless provided otherwise in a contract) and litigation are binding on the parties.Rate this question:
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- 2.
True or false? Mediation is a form of adjudicative dispute resolution.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Mediation is a form of non-adjudicative dispute resolution.Rate this question:
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- 3.
True or false? Good faith discussions should be the first step in resolving a dispute.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Good faith discussions should be the first step in resolving a dispute because they allow all parties involved to openly communicate and express their concerns, interests, and perspectives. This promotes understanding and empathy, which are essential for finding common ground and potential solutions. By engaging in good faith discussions, individuals can work towards a mutually beneficial resolution and potentially avoid more adversarial methods such as litigation or confrontation.Rate this question:
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- 4.
Common danger signals that a dispute may be in the horizon: I. Client refuses to accept advice, II. Client is unwilling to negotiate fair contractual terms, III. Client is unwilling to agree to fair compensation, and/or IV. Client doesn’t pay invoices. Choose an answer from the following options:
- A.
I, II, and III
- B.
II and III
- C.
II, III, and IV
- D.
II and IV
- E.
I thru IV
Correct Answer
E. I thru IVExplanation
The correct answer is "I thru IV". This answer includes all the common danger signals that indicate a dispute may be on the horizon. These signals include the client refusing to accept advice, being unwilling to negotiate fair contractual terms, being unwilling to agree to fair compensation, and not paying invoices. All of these behaviors suggest potential conflicts and disputes between the client and the other party involved.Rate this question:
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- 5.
True or false? Avoiding an issue will increase the chance that the complaining party will eventually tire of pursuing.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Avoiding an issue does not increase the chance that the complaining party will eventually tire of pursuing. In fact, avoiding an issue can often escalate the situation and make the complaining party more determined to seek a resolution. Ignoring or avoiding the issue can also lead to further frustration and potentially damage the relationship between the parties involved. It is generally more effective to address and resolve issues promptly and directly to avoid any negative consequences.Rate this question:
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- 6.
True or false? A mediator’s goal is to help negotiate a settlement that favors the party with the better position and case facts.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The mediator’s goal is to get the parties to settle, regardless of who has a better position.Rate this question:
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- 7.
True or false? Arbitrations always include a panel of arbitrators to decide the facts in order to make sure that the decision has been carefully made.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
An arbitration can be held by one arbitrator or a panel of arbitrators.Rate this question:
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- 8.
True or false? Arbitration is a dispute resolution process required by state statute.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Arbitration is not a dispute resolution process required by state statute. While arbitration is a common method of resolving disputes, it is typically voluntary and agreed upon by the parties involved. State statutes may provide guidelines or regulations for arbitration, but it is not mandatory. Therefore, the correct answer is false.Rate this question:
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- 9.
True or false? Woolpert’s current preference is to litigate rather than arbitrate.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The given correct answer is True. This means that Woolpert currently prefers to litigate rather than arbitrate. Litigation refers to the process of resolving disputes through the court system, while arbitration is a method of resolving disputes outside of the court system, usually through a neutral third party. Therefore, Woolpert's current preference for litigation suggests that they are more inclined to resolve their disputes through the court system rather than through arbitration.Rate this question:
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- 10.
True or false? Under the rules of the AAA, the AAA has the ability to pick an arbitrator if the parties fail to agree on the selection of an arbitrator.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Under the rules of the AAA (American Arbitration Association), the AAA does have the authority to select an arbitrator if the parties involved in the dispute are unable to come to an agreement on the selection of an arbitrator. This means that if the parties cannot mutually decide on an arbitrator, the AAA can step in and choose one on their behalf.Rate this question:
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- 11.
True or false? Unlike arbitration, a judge can ask questions directly of the witnesses.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Arbitration permits the arbitrators to ask questions of the witnesses. Judges cannot ask questions of the witnesses.Rate this question:
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- 12.
An attorney is required for representation in which of the following: I. Good faith discussions, II. Arbitration, and/or III. Mediation. Choose an answer from the following options:
- A.
I
- B.
II
- C.
III
- D.
None of the above
Correct Answer
D. None of the aboveExplanation
Legal representation is not required for any, although it may be advisable.Rate this question:
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- 13.
An arbitration decision can only be vacated under the following circumstances: I. The decision was procured by corruption, II. Arbitrator bias or misconduct, III. Arbitrator failed to adhere to the rules of evidence, and/or IV. Arbitrator exceeded authority. Choose an answer from the following options:
- A.
I and II
- B.
I, II, and III
- C.
I, II, and IV
- D.
All of the above
Correct Answer
C. I, II, and IVExplanation
Arbitrators are not bound by the customary rules of evidence. It is one of the cons of using arbitration.Rate this question:
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- 14.
True or false? One benefit to using arbitration is that the decision of the arbitrator is not subject to open records.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Arbitration offers the benefit of confidentiality, as the decision made by the arbitrator is not required to be made public. This means that the records of the arbitration process, including the decision, are not subject to open records laws. This can be advantageous for parties involved in the arbitration who wish to keep the details of the dispute private.Rate this question:
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- 15.
True or false? A bench trial is a right in the American judicial system.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
A trial by jury is a right in the American judicial system.Rate this question:
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- 16.
The benefits of being able to litigate a claim include: I. You can join third parties who may be liable, II. Judges are not biased, III. The proceedings are not part of the public record, IV. You are appointed an attorney if you can’t afford one, and/or V. The decisions can be appealed. Choose an answer from the following options:
- A.
II and IV
- B.
I and V
- C.
II, III, and V
- D.
I, II, and V
- E.
I thru V
Correct Answer
B. I and VExplanation
The correct answer is I and V. Being able to litigate a claim allows you to join third parties who may be liable, which can increase the chances of recovering damages. Additionally, the decisions made in litigation can be appealed, providing an opportunity for a higher court to review and potentially overturn the ruling if necessary.Rate this question:
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- 17.
True or false? It is harder to vacate an arbitration decision than to appeal a court decision?
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
It is harder to vacate an arbitration decision than to appeal a court decision because arbitration decisions are typically final and binding. In arbitration, the parties agree to submit their dispute to a neutral third party, who acts as the arbitrator and makes a decision. This decision is usually enforceable and can only be overturned in limited circumstances, such as fraud or misconduct by the arbitrator. On the other hand, court decisions can often be appealed to higher courts, providing an additional opportunity for review and potential reversal.Rate this question:
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- 18.
True or false? The questions submitted by one party to another during the discovery process are called interrogations.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The submitted questions are referred to as interrogatories.Rate this question:
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- 19.
True or false? A party can lose the right to have a dispute resolved through litigation.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A party can lose the right to litigate by agreeing to arbitrate in a contract.Rate this question:
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- 20.
The most formal process of dispute resolution is:
- A.
Good faith discussions
- B.
Mediation
- C.
Litigation
- D.
Arbitration
Correct Answer
C. LitigationExplanation
Litigation refers to the process of resolving disputes through a court system. It involves presenting the case in front of a judge or jury, who will make a final decision based on the evidence and arguments presented. Litigation is a formal process that follows specific legal procedures and rules. It provides a structured and regulated way to resolve disputes, ensuring that both parties have an opportunity to present their case and have it decided by an impartial third party. Compared to other options like good faith discussions, mediation, or arbitration, litigation is the most formal and legally binding method of resolving disputes.Rate this question:
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- 21.
Arbitrators in America are required to follow: I. Legal precedent, II. Rules of evidence, and/or III. Criminal justice procedures. Choose an answer from the following options:
- A.
I and III
- B.
II only
- C.
I and II
- D.
III only
- E.
Neither, I, II, or III
Correct Answer
E. Neither, I, II, or IIIExplanation
Arbitrators in America are not required to follow legal precedent, rules of evidence, or criminal justice procedures. Arbitration is a private dispute resolution process where the parties involved agree to have a neutral third party, the arbitrator, make a binding decision. Unlike judges in a court of law, arbitrators are not bound by legal precedent or formal rules of evidence. They have more flexibility in applying their own judgment and expertise to resolve the dispute. Therefore, the correct answer is "Neither, I, II, or III."Rate this question:
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- 22.
True or false? If a dispute makes it through the entire litigation process, final judgment will be determined by either a bench trial or jury trial.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
If a dispute makes it through the entire litigation process, it means that all the necessary steps and procedures have been followed, including the presentation of evidence and arguments by both parties. At this stage, the final judgment will indeed be determined by either a bench trial or a jury trial. In a bench trial, the judge alone makes the decision based on the facts and law presented. In a jury trial, a group of impartial individuals listens to the case and makes the final judgment. Therefore, the statement is true.Rate this question:
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- 23.
The pros and cons of litigation compared to arbitration: I. Are the same, II. Are reversed, III. Include the same pros and cons of mediation, and/or IV. Are irrelevant if litigation will be by bench trial. Choose an answer from the following options:
- A.
I
- B.
II
- C.
I and III
- D.
II and IV
- E.
IV
Correct Answer
B. IIExplanation
The correct answer is II. The pros and cons of litigation compared to arbitration are reversed. This means that the advantages and disadvantages of litigation are the opposite of those in arbitration. In litigation, the process is more formal, time-consuming, and expensive, while arbitration is typically quicker, less formal, and more cost-effective.Rate this question:
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- 24.
The location of the court deciding the matter is called the:
- A.
Venue
- B.
Choice of law
- C.
Jurisdiction
- D.
Deposition
Correct Answer
A. VenueExplanation
Venue refers to the location where a court case is heard or decided. It determines the geographic location where legal proceedings take place. The choice of venue is important as it can impact various aspects of the case, such as convenience for the parties involved, access to witnesses, and the application of local laws. Jurisdiction, on the other hand, refers to the authority of a court to hear and decide a case, while choice of law pertains to selecting the applicable laws. Deposition is a pre-trial legal procedure where witnesses provide sworn out-of-court testimonies.Rate this question:
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- 25.
True or false? A jury trial carries more weight than a bench trial.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The final judgment is just a binding regardless of whether it was a bench trial or a jury trial.Rate this question:
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- 26.
True or false? A motion for summary judgment cannot be filed if issues of fact still exist.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A motion for summary judgment is a legal request made by one party in a lawsuit to ask the court to rule in their favor without a trial. It can only be filed if there are no genuine issues of material fact in dispute, meaning that there are no disagreements or uncertainties about the key facts of the case. If there are still unresolved issues of fact, then a motion for summary judgment cannot be filed. Therefore, the statement "A motion for summary judgment cannot be filed if issues of fact still exist" is true.Rate this question:
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Current Version
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Sep 07, 2023Quiz Edited by
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Dec 03, 2008Quiz Created by
Woolpert
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