CONSTRUCTION LAW QUIZZES 1-4
EXAM QUESTIONS AND ANSWERS 100%
PASS 2026/2027
What is the initial and most favorable method for resolving construction disputes?
-Mediation
-Negotiation
-Arbitration
-Litigation - ANS 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. - ANS Litigation is resolution of disputes through the court system and is the
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,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. - ANS 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.
Are most construction law cases that are litigated filed in state or federal court? - ANS 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 - ANS Federal question and diversity of
citizenship
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, What is the party who files a lawsuit called?
-Defendant
-Plaintiff
-Judge
-Witness - ANS plaintiff
What is the party who responses to a lawsuit (the party that is sued) called?
-Plaintiff
-Defendant
-Judge
-Jury - ANS 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
-Statutory, constitutional, common
-Constitutional, statutory, common - ANS 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. - ANS The decision made by the lower court
upholds.
@2026 ALLRIGHTS RESERVED 3
EXAM QUESTIONS AND ANSWERS 100%
PASS 2026/2027
What is the initial and most favorable method for resolving construction disputes?
-Mediation
-Negotiation
-Arbitration
-Litigation - ANS 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. - ANS Litigation is resolution of disputes through the court system and is the
@2026 ALLRIGHTS RESERVED 1
,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. - ANS 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.
Are most construction law cases that are litigated filed in state or federal court? - ANS 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 - ANS Federal question and diversity of
citizenship
@2026 ALLRIGHTS RESERVED 2
, What is the party who files a lawsuit called?
-Defendant
-Plaintiff
-Judge
-Witness - ANS plaintiff
What is the party who responses to a lawsuit (the party that is sued) called?
-Plaintiff
-Defendant
-Judge
-Jury - ANS 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
-Statutory, constitutional, common
-Constitutional, statutory, common - ANS 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. - ANS The decision made by the lower court
upholds.
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