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True-False
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.
2. Arbitration clauses in consumer and employment contracts have received considerable attention
from the courts in recent years.
3. It is expected that mediators will maintain neutrality throughout their service, but an ombudsperson
is not required to remain neutral.
4. A party to a case can gain financial backing for a lawsuit through the ADR method called
partnering.
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.
6. A retainer fee ensures that the attorney will remain available for the client.
7. Mediation is a binding process whereby a private judge decides a pending case.
8. In some court systems, non-binding arbitration is a requirement before the judicial process may
procedure.
9. In some types of cases, statutory law prescribes a maximum fee an attorney may charge.
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10. Attorneys are legally prohibited from advertising for new clients, except by listing their names and
addresses in telephone directories.
11. An attorney is subject to professional discipline if an unconscionable fee is charged a client.
12. The main difference between an attorney and a lawyer is that the attorney may practice law in
courtrooms, whereas the lawyer may not.
13. The mandatory minimum qualification to become an attorney is prescribed by the federal
government.
14. The attorney-client privilege is identical to a lawyer’s duty to the client of confidentiality.
15. Although attorneys are encouraged to adhere to the traditional requirements of a professional, they
cannot be subjected to punishment or discipline by state bar associations unless convicted of a
crime involving moral turpitude.
16. The mediation process normally leads to written findings of fact or conclusions of law by the
mediator.
17. Where a legal fee is prescribed by law, the stated amount is the maximum that may be charged, thus
a client is free to negotiate a lower fee, and is often well advised to do so.
18. In civil litigation the party who loses the case is normally responsible for payment of the winner’s
attorney fees.
19. The federal Legal Services Corporation is an organization that investigates lawyer malpractice
suits.
Test Bank 3
20. Contingency fees, once a common method of charging attorney’s fees in tort cases, are now illegal
under federal law.
21. An example of a public attorney is a prosecutor.
22. Passing a bar examination in one state allows a person to practice law in any state of the U.S.
23. Opposing counsel is not permitted to communicate directly with another attorney’s client.
24. Private judging offers more flexibility and privacy than a normal trial.
25. Third-party associations, such as the American Arbitration Association (AAA), sell administrative
support, including procedural rules and administrative assistance, for parties seeking arbitration of
their disputes.
26. The attorney-client privilege identifies the right an attorney has to garnish a client’s wages if a
client fails after 30 days to pay a fee bill.
27. The assistance of an attorney at law is not important in an adversarial system of justice.
28. It is ethical for an attorney to file a frivolous lawsuit.
29. A party to a case can lawfully represent him or herself, but cannot represent others without a license
to practice law.
30. Neutral expert fact-finding is a non-binding process in which an appointed expert investigates or hears
facts on selected issues.
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31. A fiduciary relationship is one between two persons wherein one has an obligation to perform
services with scrupulous good faith and honesty.
32. In England, lawyers are divided into two groups, solicitors, who represent and advise
clients, and barristers, who are selected by solicitors to present a client’s case in adversary
proceedings, whereas in the United States lawyers are licensed to perform both functions.
33. Attorney Jimmy Blue represented the plaintiff in a contract dispute that was nearing trial. To
encourage a compromise, Blue e-mailed the defendant, Christina Tapia, instead of contacting
Tapia’s attorney. Blue told Tapia that $12,500 would be a fair settlement for the case and indeed
Blue did believe it would be. Blue has acted ethically.
34. The larger a law firm is, the less likely a conflict of interest will arise.
35. Gacaca courts are a historic South African tribal-based conflict resolution method.
36. One major requirement of the adversary system is that the aggrieved party not merely an observer,
must be the one to initiate and pursue available legal remedies.
Fill-ins
Complete each sentence or statement.
1. One variation of arbitration called __________________ combines mediation and arbitration.
2. __________________ is a non-binding part of process that parties in some states are required to
participate in before they can go to trial.
3. Practicing law without a license is a __________________.
Test Bank 5
4. A broad term used to describe methods of resolving disputes through means other than the
traditional judicial process is __________________.
5. When an attorney at law represents a new client, who is suing a former client, there is probably a
__________________.
6. __________________ 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
__________________.
7. __________________ refers to rules of conduct by which individuals, social groups, and societies
evaluate their actions from the perspective of moral principles and values.
8. In all states, communications made by the client to the attorney are __________________, meaning
the client has the right to have such communications remain confidential. This is called the
__________________.
9. __________________ may be defined as communication for the purpose of persuasion through
mutual discussion and bargaining with regard to a matter in dispute.
10. __________________ occurs when parties in conflict select a neutral third party, the
__________________, to hear and decide their dispute. He or she is essentially a private judge
whose decision can be legally binding.
11. A person in a position of trust who undertakes to act for another with scrupulous good faith and
honesty is called a __________________.
12. With a few exceptions, a person may appear __________________, or in other words, may
represent himself or herself in court without the presence of an attorney.
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13. A third party usually selected by just one of the parties in an attempt to help resolve a dispute is
called an __________________.
14. It is __________________ if an attorney carelessly commits a serious wrongful act while providing
professional services to a client who is thereby damaged.
15. There are two major methodologies for acquiring information in trial courts in the western world.
One involves an independent and neutral judge, and the parties are responsible for preparation and
presentation of their case. This is called the __________________ system. The other method where
the judge takes a more proactive role is called the __________________ system.
16. A __________________ is a method where several members of a group who have suffered the
same or similar injury join together in a single lawsuit against an alleged wrongdoer.
17. Someone with specialized training who assists an attorney is called a __________________.
18. A __________________ is a private confidential meeting between disputants and a third party
neutral.
19. The United Kingdom legal model divides lawyers into two groups; ___________, who represent
and advise clients, and _______________, who are selected by solicitors to present a client’s case in
adversary proceedings, namely, court.
20. A pro-active neutral party who investigates and determines facts and suggest resolutions to the
parties to a dispute is called a __________________.
21. A lawsuit filed without legal merit or justification is called a __________________ lawsuit
Test Bank 7
22. John the attorney agrees to be paid a fixed percentage of any monetary recovery obtained in the lawsuit that is
filed for a client. The arrangement is a ______________________.
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.
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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 publico 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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11. An attorney may terminate his or her employment relationship with a client for any reasonable
cause. All of the following are actions an attorney must then take, except
a. return earned fees.
b. return the client’s papers and money held in trust.
c. obtain permission of the court if litigation has begun.
d. give reasonable notice to the client.
12. Which of the following would be an unethical action by an attorney at law?
a. offering legal services through prepaid insurance
b. agreeing to be paid contingent on the client’s recovery of damages in a defamation action
c. receiving payment from another attorney solely in exchange for the referral of clients
d. receiving a fee from a client that is determined to be below the amount required by the federal
minimum wage law
13. In most states, to practice law a person must
a. pass a test to determine historical drug use.
b. pass a psychological fitness test.
c. pass a state bar examination.
d. all of the above
14. Negligence by an attorney in handling his or her client’s case is called
a. fraud.
b. champerty.
c. maintenance.
d. malpractice.
15. Which of the following describes neutral expert fact-finding?
a. discovery procedures
b. a voluntary process in which both parties agree to an informal trial
c. a nonbinding voluntary process in which each party agrees to allow an appointed third party to
investigate, or to hear facts on selected issues, and to make findings of fact.
d. an involuntary process in which litigants meet with a judge (other than the one who will hear
the case) prior to the trial to hear the judge’s opinion of the merits of their case
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16. Which of the following types of conduct, if done by an attorney, would likely result in professional
disciplinary action?
a. conviction for tax evasion
b. public drunkenness
c. reckless driving
d. traffic ticket for speeding in which another vehicle was damaged
17. Depending upon the case, attorneys may charge for their services in which of the ways?
a. hourly rate
b. flat fee for the matter involved
c. share in the net recovery, if any
d. any of the above
18. An arbitrator must be
a. a lawyer.
b. a member of the American Arbitration Association.
c. agreed on by the parties.
d. all of the above
19. Which of the following is a goal of alternative dispute resolution (ADR)?
a. to reduce court congestion as well as avoid undue cost and delay
b. to enhance community involvement in the dispute resolution process
c. to facilitate access to traditional systems of providing justice
d. all of the above
20. There are various types of alternative dispute resolution (ADR). The most common type mentioned
below is
a. mediation.
b. pleading.
c. small-claims courts.
d. private judging.
21. Which of the following is a commonly accepted attribute of a profession?
a. some examination or internship to assure competence.
b. position based on status or birthright
c. contempt for written rules of ethics.
d. fee schedules fixed by statute
Test Bank 11
22. Frequently, non-lawyers perform many tasks under the supervision of attorneys. Which of the
following functions can a non-lawyer perform without creating the risk of practicing without a
license?
a. agreeing on behalf of the law firm to represent a new client on a particular case
b. determining whether a lawsuit should be filed
c. informing the client of the latest events in the client’s case
d. advising the client which legal theories they should pursue
23. Which of the following is considered an attribute of arbitration?
a. It is usually somewhat less formal than litigation.
b. It is private.
c. It is usually less expensive.
d. all of the above
24. Which of the following is not usually a requirement to practice law?
a. membership in the American Bar Association
b. passing a state bar examination
c. taking an oath concerning ethical behavior
d. demonstration of good moral character
25. One of the advantages of mediation over arbitration is that
a. the parties retain the power and control over the dispute.
b. the mediator has the power and control over the dispute.
c. in mediation an outcome or decision is certain to occur at the end of the mediation.
d. the procedures and structure of a mediation process are generally more rigid than in an
arbitration process.
26. Which of the following behaviors would be considered unethical behavior by an attorney?
a. reporting a crime that the lawyer witnesses
b. encouraging a client to drop a lawsuit because, in the attorney’s opinion, it is a poor choice to
continue
c. allowing a client to testify in a trial
d. using a client’s funds for a short-term personal loan
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27. Columba is a country of one hundred thousand people on a small island in the South Pacific. Legal
matters are decided by elected Law Sitters. When subjects bring cases before the Law Sitters, each
is responsible for presenting their legal and factual arguments. The primary law of Columba comes
from the Book of Rapunzel, which provides rules of conduct and guidelines of behavior. In the
hearings, the Law Sitters ask few questions. They rule in favor of the party they believe presented
the most believable facts consistent with the rules found in the Book of Rapunzel. This system most
closely resembles
a. an adversary system.
b. an inquisitorial system.
c. an equity system.
d. a common law system.
28. Yaleta is a country of two hundred thousand people on a medium size island in the South Atlantic.
Legal matters are decided by elected Law Gurus. The people of Yaleta over one thousand years ago
wrote a comprehensive code to guide the Gurus. When subjects bring cases before them, the Gurus
control the flow of information and ask questions of the parties, consult the codes, and make
binding decisions. The rulings are recorded but the reasons are not; the Gurus believe the only law
they need to consult is the code. Often the traders in Yaleta will consult these codes to determine
probable legal outcomes. This system most closely resembles
a. an adversary law system.
b. an inquisitorial system.
c. an equity system.
d. a common law system.
29. Which sentence best describes private judging.
a. An arbitration that preserves and allows an appeal into the judicial system for the same reasons
or grounds as an appeal from a trial court.
b. A group of private executives from each side of the dispute who hear and render an advisory
opinion to a judge who then renders a decision.
c. to facilitate access to traditional systems of providing justice
d. A non-binding arbitration
30. A party with whom you have a contract relationship has sued you. The contract between the two of
you includes an arbitration clause. Which of the following statements is true?
a. If the party sues on a contract with an arbitration clause they are deemed to forfeit the dispute.
b. Because one of the parties began the judicial process the judicial process must be completed
before any arbitration can proceed.
c. If the party sued rather than began the arbitration, the case can no longer be arbitrated.
d. You have options. You could either answer the lawsuit and continue in litigation or make a
motion to the court to compel arbitration.
Test Bank 13
Short Answer Essays
1. Helen was in a car accident. She hired attorney Flick Jones to represent her in the matter. Helen has
been informed by Flick that her case is very good and he will accept it on a contingency basis.
What does this mean?
2. Is it an ethical practice for an attorney to incur the costs of a client in a lawsuit?
3. Explain the fundamental differences between civil court, negotiation, mediation, and arbitration.
4. Do you believe there is a different standard of justice for the rich and the poor in criminal cases?
What factors do you believe contribute to your conclusion? Is your conclusion the same for civil
cases?
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5. The typical arbitration is a binding proceeding. That means it cannot be appealed, except for very
limited reasons. What are the negative aspects to arbitration because of this limited right of appeal?
6. Discuss the advantages and disadvantages of an attorney-client contingency-fee agreement.
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7. Explain the attorney-client privilege in the light of the fiduciary duty owed a client.
8. For legal disputes between parties, why is arbitration often considered advantageous over litigation?
9. It is often said “one who serves as his own lawyer has a fool for a client.” If this is true, how do you
justify:
a. the philosophy of ADR advocates who urge direct negotiations with potential court opponents
whenever feasible, and
b. the use of small-claims courts whenever appropriate?
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10. Consider this statement: “Non-lawyer ‘legal assistants or paralegals’ should be authorized to offer
legal services directly to the public.” What are the pros and cons of this proposition?
11. Is lying under oath a justifiable tactic in the adversary system?
12. Explain the purpose of the adversary system in both criminal and civil cases. Use examples and
address both of these questions in your answer:
a. Why do guilty persons in criminal cases routinely plead not guilty?
b. Why do plaintiffs in civil cases who have been injured (i.e., suffered out-of-pocket expense) by
the act(s) of the defendant to the extent of, say $25,000, customarily sue for much more,
perhaps $250,000?
13. Describe four of the five attributes of a profession, and discuss the importance of each.