CONSTRUCTION LAW QUIZZES 1-4 | QUESTIONS AND ANSWERS | 2026 UPDATE |
VERIFIED 100% CORRECT.
What is the initial and most favorable method for resolving construction disputes?
-Mediation
-Negotiation
-Arbitration
-Litigation - (ANSWER)negotiation
How does litigation differ from alternative dispute resolution?
-Litigation is resolution of disputes through the court system and is the last resort when all other
methods fail, while alternate dispute resolution methods are a more collaborative and less expensive
method for resolving disputes but may not always be the final solution.
-Litigation is binding and unlikely to be reversed, while alternative dispute resolution methods are
resolved in proceedings outside of the courtroom.
-Litigation is is an attempt to have a neutral party facilitate a resolution but agreement is not required,
while alternate dispute resolution methods is resolution of the disputes through the court system. -
(ANSWER)Litigation is resolution of disputes through the court system and is the last resort when all
other methods fail, while alternate dispute resolution methods are a more collaborative and less
expensive method for resolving disputes but may not always be the final solution.
What is the difference between arbitration and mediation?
-Arbitration is an attempt to have a neutral party facilitate a resolution but agreement is not required,
while mediation is is binding and unlikely to be reversed.
-Arbitration is binding and unlikely to be reversed if someone challenges it, while mediation is an
attempt to have a neutral party facilitate a resolution, but no party is required to come to an agreement.
-Arbitration is the most favorable resolution method, while mediation is resolution of the disputes
through the court system. - (ANSWER)Arbitration is binding and unlikely to be reversed if someone
,CONSTRUCTION LAW QUIZZES 1-4 | QUESTIONS AND ANSWERS | 2026 UPDATE |
VERIFIED 100% CORRECT.
challenges it, while mediation is an attempt to have a neutral party facilitate a resolution, but no party is
required to come to an agreement.
Are most construction law cases that are litigated filed in state or federal court? - (ANSWER)state
Identify the two types of cases that can be filed in federal court.
-Breach of contract and federal question
-Diversity of citizenship and contract disputes
-Contract disputes and breach of contract
-Federal question and diversity of citizenship - (ANSWER)Federal question and diversity of citizenship
What is the party who files a lawsuit called?
-Defendant
-Plaintiff
-Judge
-Witness - (ANSWER)plaintiff
What is the party who responses to a lawsuit (the party that is sued) called?
-Plaintiff
-Defendant
-Judge
-Jury - (ANSWER)defendant
In the hierarchy of laws, list the following from the highest to the lowest: common law, constitutional
law, and statutory law.
-Common, statutory, constitutional
-Constitutional, common, statutory
, CONSTRUCTION LAW QUIZZES 1-4 | QUESTIONS AND ANSWERS | 2026 UPDATE |
VERIFIED 100% CORRECT.
-Statutory, constitutional, common
-Constitutional, statutory, common - (ANSWER)Constitutional, statutory, common
What does it mean when an appellate court affirms a lower court decision?
-The lower court decision is reversed.
-The appellate court hears witnesses and considers any "new" evidence.
-The decision made by the lower court upholds. - (ANSWER)The decision made by the lower court
upholds.
Judge made law that were set down many years ago consisting of doctrines and principles handed down
by courts.
-common law
-tort law
-contract law
-enacted law - (ANSWER)common law
A claim where the plaintiff seeks money damages from the defendant for violating an obligation owed
to the plaintiff, such as a construction contract breach
-common law
-tort law
-contract law
-enacted law - (ANSWER)tort law
An agreement between two or more parties that is enforceable in court.
-common law
VERIFIED 100% CORRECT.
What is the initial and most favorable method for resolving construction disputes?
-Mediation
-Negotiation
-Arbitration
-Litigation - (ANSWER)negotiation
How does litigation differ from alternative dispute resolution?
-Litigation is resolution of disputes through the court system and is the last resort when all other
methods fail, while alternate dispute resolution methods are a more collaborative and less expensive
method for resolving disputes but may not always be the final solution.
-Litigation is binding and unlikely to be reversed, while alternative dispute resolution methods are
resolved in proceedings outside of the courtroom.
-Litigation is is an attempt to have a neutral party facilitate a resolution but agreement is not required,
while alternate dispute resolution methods is resolution of the disputes through the court system. -
(ANSWER)Litigation is resolution of disputes through the court system and is the last resort when all
other methods fail, while alternate dispute resolution methods are a more collaborative and less
expensive method for resolving disputes but may not always be the final solution.
What is the difference between arbitration and mediation?
-Arbitration is an attempt to have a neutral party facilitate a resolution but agreement is not required,
while mediation is is binding and unlikely to be reversed.
-Arbitration is binding and unlikely to be reversed if someone challenges it, while mediation is an
attempt to have a neutral party facilitate a resolution, but no party is required to come to an agreement.
-Arbitration is the most favorable resolution method, while mediation is resolution of the disputes
through the court system. - (ANSWER)Arbitration is binding and unlikely to be reversed if someone
,CONSTRUCTION LAW QUIZZES 1-4 | QUESTIONS AND ANSWERS | 2026 UPDATE |
VERIFIED 100% CORRECT.
challenges it, while mediation is an attempt to have a neutral party facilitate a resolution, but no party is
required to come to an agreement.
Are most construction law cases that are litigated filed in state or federal court? - (ANSWER)state
Identify the two types of cases that can be filed in federal court.
-Breach of contract and federal question
-Diversity of citizenship and contract disputes
-Contract disputes and breach of contract
-Federal question and diversity of citizenship - (ANSWER)Federal question and diversity of citizenship
What is the party who files a lawsuit called?
-Defendant
-Plaintiff
-Judge
-Witness - (ANSWER)plaintiff
What is the party who responses to a lawsuit (the party that is sued) called?
-Plaintiff
-Defendant
-Judge
-Jury - (ANSWER)defendant
In the hierarchy of laws, list the following from the highest to the lowest: common law, constitutional
law, and statutory law.
-Common, statutory, constitutional
-Constitutional, common, statutory
, CONSTRUCTION LAW QUIZZES 1-4 | QUESTIONS AND ANSWERS | 2026 UPDATE |
VERIFIED 100% CORRECT.
-Statutory, constitutional, common
-Constitutional, statutory, common - (ANSWER)Constitutional, statutory, common
What does it mean when an appellate court affirms a lower court decision?
-The lower court decision is reversed.
-The appellate court hears witnesses and considers any "new" evidence.
-The decision made by the lower court upholds. - (ANSWER)The decision made by the lower court
upholds.
Judge made law that were set down many years ago consisting of doctrines and principles handed down
by courts.
-common law
-tort law
-contract law
-enacted law - (ANSWER)common law
A claim where the plaintiff seeks money damages from the defendant for violating an obligation owed
to the plaintiff, such as a construction contract breach
-common law
-tort law
-contract law
-enacted law - (ANSWER)tort law
An agreement between two or more parties that is enforceable in court.
-common law