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116. In Georgia State Licensing Board for Residential and General Contractors v. Allen the Georgia Supreme
Court held that an injunction would be issues against the Board against its licensing process as contractors had not
be properly informed of new requirements.
a. True
b. False
117. In Georgia State Licensing Board for Residential and General Contractors v. Allen the Georgia Supreme
Court held that the lower court improperly granted an injunction against Board enforcement of the licensing process
approved by the legislature.
a. True
b. False
118. A permanent injunction is normally granted after a trial and remains in force indefinitely.
a. True
b. False
119. A case may enter the appellate stage if the losing party at the trial stage believes an error in determining the facts
has been made during the course of the trial.
a. True
b. False
120. When a case is taken to an appellate court, the attorneys for the parties must present both written briefs and oral
arguments.
a. True
b. False
121. When a court hears an appeal it may affirm, modify, or reverse the decision of the trial court.
a. True
b. False
122. When a court hears an appeal, usually five judges work together.
a. True
b. False
123. The only kinds of opinions an appellate court may issue are called majority and dissenting opinions.
a. True
b. False
124. If a losing party fails to pay a judgment ordered by the court, a writ of execution may be issued to allow property to
be seized to satisfy the judgment.
a. True
b. False
125. It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.
a. True
b. False
126. Since World War II, German trial procedure is patterned after U.S. trial procedure.
a. True
b. False
127. Negotiation is the most widely recognized form of ADR.
a. True
b. False
128. The most widely recognized ADR process is arbitration.
a. True
b. False
129. Traditionally, arbitration is a voluntary process.
a. True
b. False
130. According to the Federal Arbitration Act, agreements to arbitrate should be upheld by U.S. courts.
a. True
b. False
131. According to the Federal Arbitration Act, if the results of arbitration are "contrary to law," the courts may intervene
in the matter and hear the dispute.
a. True
b. False
132. The Uniform Arbitration Act was adopted by Congress to encourage the use of arbitration by federal agencies.
a. True
b. False
133. The Uniform Arbitration Act has been adopted by most states to encourage the use of arbitration.
a. True
b. False
134. If a party to an arbitration agreement wants to avoid arbitration by going to court, a court may not force the party to
arbitrate their claim.
a. True
b. False
135. The person who leads an arbitration proceeding is called an arbitrator.
a. True
b. False
136. To serve as an arbitrator, one must be certified by the American Arbitration Association.
a. True
b. False
137. In arbitration, a third party who has no special knowledge of the subject matter of the dispute is generally used to
settle the controversy.
a. True
b. False
138. The first stage of the arbitration process is the filing of a submission.
a. True
b. False
139. In most arbitration, an arbitrator is picked randomly from amongst a group of potential arbitrators.
a. True
b. False
140. Arbitrators do not have to be attorneys.
a. True
b. False
141. At an arbitration hearing, the procedure followed is very similar to a courtroom trial.
a. True
b. False
142. At an arbitration hearing, the process, like a court trial, must be open to the public.
a. True
b. False
143. When an arbitration case is heard, the process is called the resolution.
a. True
b. False
144. After an arbitrator hears a dispute, she issues an opinion that is known as a verdict.
a. True
b. False
145. After an arbitrator hears a dispute, she issues a decision known as the award.
a. True
b. False
146. Arbitrators may award punitive damages as part of a judgment.
a. True
b. False
147. By law, arbitrators may not award punitive damages; they must only calculate compensatory damages in disputes
they resolve.
a. True
b. False
148. Once an arbitrator issues a decision, absolutely no appeal may be taken.
a. True
b. False
149. As with a court decision, the doctrine of res judicata applies to disputes that are arbitrated.
a. True
b. False
150. An arbitrator's decision may be appealed based on an error of law only.
a. True
b. False
151. One possible basis for the appeal of an arbitral award is if the award was obtained by fraud.
a. True
b. False
152. The decision of an arbitrator may be overturned on appeal if it is found that the arbitrator was incompetent as to
knowledge of the law involved.
a. True
b. False
153. The least formal form of ADR is mediation.
a. True
b. False
154. Negotiations has been rising in popularity in recent years as a method of dispute resolution.
a. True
b. False
155. The steps in negotiations may be the same as the process in negotiating a contract.
a. True
b. False
156. International disputes over domain names are often resolved by ADR at the U.N. Commission on Internet Usage.
a. True
b. False
157. International disputes over domain names are often resolved by ADR at the World Intellectual Property
Organization.
a. True
b. False
158. Parties to a negotiation must exchange information for the negotiation to be successful.
a. True
b. False
159. If a party to a negotiation misrepresents the truth of his or her statements, this may lead to a claim of fraud.
a. True
b. False
160. In mediation a neutral third party imposes a settlement on two other parties.
a. True
b. False
161. One area in which mediation is often used is in labor disputes.
a. True
b. False
162. The Chinese Supreme Court issued a decision stating that all lower courts must overturn arbitral decisions that
adversely affect Chinese business interests.
a. True
b. False
163. Mediators may be required, in some states, to be trained professionals.
a. True
b. False
164. If mediation is successful, the parties to the draft a settlement agreement.
a. True
b. False
165. To encourage honesty in mediation, mediators may not be required to testify later in court about the matter they
tried to mediate.
a. True
b. False
