intro to law 4
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Hamline University *
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Law
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Feb 20, 2024
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docx
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Any element of falsity renders the statement false.
1. It is common for the losing party in arbitration to successfully appeal the arbitrator’s award.
FALSE
2. Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years. TRUE
3. It is expected that mediators will maintain neutrality throughout their service, but an ombudsperson is not required to remain neutral. TRUE
4. A party to a case can gain financial backing for a lawsuit through the ADR method called partnering. FALSE
5. A mini-trial is a voluntary, non-binding process used primarily by large business organizations to better inform themselves on the merits of a case. TRUE
6. A retainer fee ensures that the attorney will remain available for the client. TRUE
7. Mediation is a binding process whereby a private judge decides a pending case. FALSE
8. In some court systems, non-binding arbitration is a requirement before the judicial process may procedure. TRUE
9. In some types of cases, statutory law prescribes a maximum fee an attorney may charge. FALSE
10. Attorneys are legally prohibited from advertising for new clients, except by listing their names and addresses in telephone directories. FALSE
Fill-ins
Complete each sentence or statement.
1.
One variation of arbitration called med-arb
combines mediation and arbitration. Court-annexed arbitration
is a non-binding part of process that parties in some states are required to participate in before they can go to trial.
2.
Practicing law without a license is a crime
.
3.
A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is alternative dispute resolution
.
4.
When an attorney at law represents a new client, who is suing a former client, there is probably a conflict of interest
.
5.
Mediation
is the use of a neutral third party to encourage and assist parties to
voluntarily resolve their dispute. The person conducting the process
is called a mediator
.
6.
Code of ethics
refers to rules of conduct by which individuals, social groups, and societies evaluate their actions from the perspective of moral principles and values.
7.
In all states, communications made by the client to the attorney are
protected from disclosure in a legal proceeding
,
meaning the client has the right to have such communications remain confidential. This is called the attorney-client privilege
.
8.
Negotiation
may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to
a matter in dispute.
9.
Arbitration
occurs when parties in conflict select a neutral third party, the arbitrator
, to hear and decide their dispute. He or she is essentially a private judge whose decision can be legally binding.
Multiple Choice
Select the one best answer.
1. Mediation
A. is the same as arbitration.
B. is a public function regulated by the federal government, specifically the American Arbitration Association.
C.
is less formal than arbitration.
D. always requires legally trained, certified mediators before a decision can be made.
2. The adversary system
A. reflects the idea that competition is a bad way to get at the truth.
B. requires that each party to a dispute is primarily responsible for providing evidence to support that party’s position in the dispute.
C. compels the judge to take sides during the course of the case.
D.
all of the above
3. As a means of reducing tension in a mediation, the mediator may meet with the parties individually and keep their confidences using a
A. caucus.
B. mini-trial.
C. med-arb.
D. conciliation.
4. Freedom Toast House fired Erica Fryer after she fainted on the job after completing a morning shift. She had signed a contract with Freedom Toast House that contained an arbitration clause. After the firing, Erica filed a
claim with the Equal Employment Opportunity Commission (EEOC). Freedom Toast House has filed suit to stop any action by the EEOC. What is the probable result?
A. As Erica has signed an arbitration agreement, she must pursue arbitration as her sole method to pursue any claim.
B. All employment contracts containing arbitration clauses have been deemed unenforceable by the US Supreme Court.
C. The EEOC has the authority to pursue victim-specific relief
regardless of the forum that the employer and employee have chosen to resolve their disputes.
D. As the case involves ADR, it will be submitted as a matter of law to binding mediation.
5. If your professor for this class is an attorney, then
A. the fact you are a student creates an attorney client relationship
with the professor.
B.
all discussions with your instructor are subject to attorney client privilege.
C. all your legal problems this semester will be handled by the University without any additional tuition or fees.
D. none of the above
6. Acting in propria persona is
A. refusing to pay an attorney the agreed proper fee.
B. representing one’s self in a court proceeding.
C. a Latin phrase meaning “fiduciary responsibility.”
D. presenting a case without using proper persons as witnesses.
7. Lawyers’ fees are
A. extensively regulated by the state.
B. extensively regulated by the federal government.
C. subject to negotiation by the client and attorney.
D. set by the court in most cases.
8. In the United States, the loser of a lawsuit generally must pay
A. the winner’s attorney fees.
B. only his or her own attorney fees, unless otherwise agreed to by
contract or required by statute.
C. neither, attorney fees are paid by city government for all civil lawsuits.
D. the judge’s prorated salary.
9. Which of the following best describes the attorney-client privilege?
A.
An attorney cannot be compelled to, nor volunteer to, reveal confidential communications made by the client to the attorney.
B. A client cannot be compelled to testify against him or herself.
C. Every person has a constitutional right to the services of an attorney, and if he or she cannot afford the attorney the court must provide a publicly paid one for the person.
D. Neither an attorney nor a client can be compelled to testify against the other.
10. If an attorney allocates time to pro bono public service, she or he
A. counsels clients who are referred by other professionals.
B. provides some legal services free of charge to indigent clients.
C. works for the government or as a professor at a university or college.
D. provides all services for a set standard fee.
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