question
litigation
answer
The process of resolving a dispute through the court system
question
Alternative Dispute Resolution (ADR)
answer
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR
question
negotiation
answer
In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them
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mini-trial
answer
A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement
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early neutral case evaluation
answer
A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions. The evaluator's opinion forms the basis for negotiating a settlement
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facilitation
answer
A third party assists disputing parties in reconciling their differences
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mediation
answer
A method of settling disputes outside of court by using the service of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute
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mediator
answer
A neutral third party that hears disputes in mediation
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arbitration
answer
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding
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arbitrator
answer
A neutral third party or panel of experts that hear a dispute in arbitration
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arbitration clause
answer
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court
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submission
answer
The act of referring a dispute to an arbitrator
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award
answer
In the context of litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages. In the context of arbitration, the arbitrator's decision
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choice-of-law clause
answer
A clause in a contract designating the law (such as the law of a particular state or nation) that will govern the contract
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summary jury trial
answer
A method of settling disputes in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial
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American Arbitration Association (AAA)
answer
The major organization offering arbitration services in the United States
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Online Dispute Resolution (ODR)
answer
The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet
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enabling legislation
answer
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created
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legislative rules
answer
An administrative agency rule that affects substantive legal rights and carries the same weight as a congressionally enacted statute
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interpretive rules
answer
An administrative agency rule that simply declares a policy or explains the agency's position and does not establish any legal rights or obligations
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delegation doctrine
answer
A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implements laws to administrative agencies. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority
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bureaucracy
answer
A large organization that is structured hierarchically to carry out specific functions
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rulemaking
answer
The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rulemaking involves notifying the public of a proposed rule or change and receiving and considering the public's comments
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notice-and-comment rulemaking
answer
An administrative rulemakig procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register
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adjudication
answer
The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding
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Administrative Law Judge (ALJ)
answer
One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
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initial order
answer
In the context of administrative law, an agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed
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final order
answer
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency
question
Mandatory arbitration clauses in employment contracts are generally enforceable.
a) True
b) False
a) True
b) False
answer
a) True
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A compulsory arbitration in a consumer contract may be unconscionable.
a) True
b) False
a) True
b) False
answer
a) True
question
There are no significant differences between a trial and an administrative hearing.
a) True
b) False
a) True
b) False
answer
b) False
question
Unlike statutes, administrative regulations do not have a binding effect.
a) True
b) False
a) True
b) False
answer
b) False
question
Morsels Restaurant, Inc., and Nature Foods Corporation dispute a term in their contract. A faster settlement of the dispute between Morsels and Nature may be reached through
a) arbitration because the case will be heard by a mini-jury.
b) litigation because few disputes actually go to trial.
c) mediation because the parties can minimize the procedural rules.
d) negotiation because the dispute will be resolved by an expert.
a) arbitration because the case will be heard by a mini-jury.
b) litigation because few disputes actually go to trial.
c) mediation because the parties can minimize the procedural rules.
d) negotiation because the dispute will be resolved by an expert.
answer
c) mediation because the parties can minimize the procedural rules.
question
Orson files a suit against Portia. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parties. This is
a) arbitration.
b) mediation.
c) negotiation.
d) not a legitimate form of dispute resolution.
a) arbitration.
b) mediation.
c) negotiation.
d) not a legitimate form of dispute resolution.
answer
a) arbitration.
question
Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to
a) none of the choices.
b) review the merits of the dispute.
c) review the sufficiency of the evidence.
d) set aside the award.
a) none of the choices.
b) review the merits of the dispute.
c) review the sufficiency of the evidence.
d) set aside the award.
answer
d) set aside the award.
question
Personnel Employment, Inc., has been ordered to appear at a hearing before an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that
a) attorneys are not allowed to attend administrative hearings.
b) clients are not allowed to communicate with their attorneys during administrative hearings.
c) hearsay can be introduced as evidence in an administrative hearing.
d) the burden of proof is on the charged party to prove innocence.
a) attorneys are not allowed to attend administrative hearings.
b) clients are not allowed to communicate with their attorneys during administrative hearings.
c) hearsay can be introduced as evidence in an administrative hearing.
d) the burden of proof is on the charged party to prove innocence.
answer
c) hearsay can be introduced as evidence in an administrative hearing.
question
State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation
a) the federal regulation takes precedence.
b) the state regulation takes precedence.
c) the regulations are mutually void.
d) the regulations are of equal effect
a) the federal regulation takes precedence.
b) the state regulation takes precedence.
c) the regulations are mutually void.
d) the regulations are of equal effect
answer
a) the federal regulation takes precedence.
question
The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely
a) issue a formal complaint against Grosse Farm.
b) do nothing.
c) file a petition with the U.S. Supreme Court.
d) impose immediate sanctions on Grosse Farm.
a) issue a formal complaint against Grosse Farm.
b) do nothing.
c) file a petition with the U.S. Supreme Court.
d) impose immediate sanctions on Grosse Farm.
answer
a) issue a formal complaint against Grosse Farm.
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