GRADED A+
True or False. Counterclaims are filed by the plaintiffs in civil matters.
False. Counterclaims are filed by the defendants if they believe the plaintiff is actually at fault
Which of the following is categorized as an informal ADR?
negotiation.
Negotiation is face to face discussions, with or without intermediaries in order to resolve a dispute
without a formal process or procedures
True or False. When the judge issues the jury instructions, the judge is said to be charging the jury.
True
True or False. Arbitration can at times be legally mandated but mediation is entered into only on a
voluntary basis
False. Mediation, just like arbitration, can sometimes be required by a state or court procedure before
bringing a case into trial
Which of the following is not required in order to show standing to assert a claim?
The party must be a citizen or a tax payer eligible to use the U.S. court system.
One need not be a citizen or taxpayer to use the U.S. court system if they have been injured or have
legal redress
In Green Tree Financial Corporation V. Randolph, Randolph brought suit in federal court for violation
of a federal statute that regulates consumer lending. Green Tree moved to dismiss based on a
mandatory arbitration clause in the consumer contract. How did the court decide?
For Green Tree because Randolph had not proven that the mandatory arbitration clause was unfair or
biased toward the defendant negating his rights
True or False. Albert has sued Tina and received a judgement for $50,000. Tina's assets may be
exempt from collection of the judgement if Tina has filed bankruptcy
True
The number of civil cases filed in state and federal courts combined in 2008 exceeded how many?
20 million
True or False. The American Arbitration Association provides mediation services as well as arbitration
services
True
In the civil system, the term litigation refers to what?