Reference no: EM13840036
1. Country X, Y, and Z are in dispute over the condition of a river which is common to all three. Each country believes that the other two countries are polluting the river to dangerous levels. To resolve the situation, they decide to use a method of ADR which is particularly useful in environmental issues. This method is:
arbitration.
private trials.
mediation.
neutral case evaluation.
2. Which type of legal system exists in North Korea?
Common law legal system
Socialist legal system
Civil legal system
Asian legal system
Islamic legal system
3. Which of these differentiates an arbitration proceeding from a trial?
The presence of a neutral third party at the hearing.
The absence of official written records of the hearing.
The outcome of the hearing is a legally binding decision.
The use of legal counsel by the parties involved.
4. _____ prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business.
The International Trade Act
The Foreign Bribery Act
The Foreign Political Act
The Foreign Corrupt Practices Act
The International Fairness Objective Act
5. Firm X and Firm Y are in dispute over a contract. They decide to use a form of alternative dispute resolution (ADR) to settle the dispute in which both parties meet to discuss the issue. Firm X brings their lawyer to this meeting but Firm Y does not. Which form of ADR is most likely being used here?
Arbitration
Facilitation
Negotiation
Mediation
6. Which of these is acknowledged as an advantage of the med-arb process of dispute resolution?
It saves time if the mediator becomes the arbitrator.
Parties involved are assured of a quick decision.
The proceedings are confidential.
It rarely ever proceeds to the arbitration stage.
7. Which of the following forms of ADR generally occurs after a case has been filed in a district or state court?
Summary jury trial
Arbitration
Minitrial
Private trial
8. Which of the following can form grounds for disputing an arbitrator's decision in a court of law?
Consulting other experts to decide the dispute.
Passing a quick judgment.
Dissatisfaction with the actual decision provided by the arbitrator.
Display of bias or corruption.
9. Identify and describe a franchise agreement, a joint venture, and an affiliate business in relation to international business.
A franchise agreement is a contract whereby a company grants permission to a foreign entity to utilize the franchisor's name, trademark, or copyright in the operation of a business and associated sale of goods in a foreign state. A joint venture is an association between two or more parties wherein the parties share profits and management responsibilities with respect to a specific project. An affiliate is a business enterprise in one state that is directly or indirectly owned and controlled by a company located in another state. The affiliate is usually established in conformity with the laws of the foreign state and is subject to that state's regulation.
10. Which among the following does a binding arbitration clause typically state?
Why arbitration is being chosen over other methods of ADR
What to do if a party is dissatisfied with the solution
How the arbitrator will be selected
Which specific type of dispute is to be resolved by arbitration
11. Which of the following is an advantage that arbitrators have over judges?
They have a more passive role than judges.
They are not bound by law.
They are selected and not assigned.
They are not bound by precedent.
12. In problem-solving negotiation, parties seek _____.
to maximize their own gain
partial resolution
joint gain
complete dissolution
13. Which of these best describes a submission agreement? A contract stating that:
a specific dispute will be resolved through arbitration.
mediation decisions will not be disputed further.
all disputes will be resolved by arbitration.
all disputes between the parties shall be resolved by mediation.
14. _____ is the primary ADR process used in federal district courts.
Litigation
Mediation
Arbitration
Negotiation
15. Which of the following is one of the main goals of a mediator in a dispute?
Describing the problematic incident leading to the dispute.
Generating alternatives for the disputed points.
Helping each party to listen to their opponent's concerns.
Helping each party to receive the maximum gains.
16. Which of the following is one of the three basic types of subsidies?
Quantitative subsidy
International subsidy
Actionable subsidy
Indirect subsidy
Group subsidy
17. ____ is the type of alternative dispute resolution procedure wherein disputes are submitted for resolution to private, nonofficial persons selected in a manner provided by law or the agreement of the parties.
Mediation
International evaluation
Neutral evaluation
Arbitration
Multi-cultural evaluation
18. Your instructor has yet to score this question.
Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.
19. The verdict of a summary jury trial is _____.
advisory
limited
unique
binding