CHAPTER 4

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1. In international commercial transactions,

A) arbitration has emerged as the favoured form of dispute resolution
B) arbitration clauses are commonly included in the contract
C) mediation has emerged as the favoured form of dispute resolution
D) a &b
E) b &c

2. Common mechanisms of dispute resolution include

negotiation
mediation
arbitration
litigation
all of the above

3. When arbitration is binding, the arbitrator's decision

A) cannot be appealed
B) is enforceable in the courts
C) must follow the rules of precedent
D) a &b
E) all of the above

4. The mandatory qualifications for ADR practitioners include

university graduation
membership in the bar
membership in the Arbitration and Mediation Institute of Canada
all of the above
none of the above

5. A ______ brings the parties to a dispute together to clarify the situation and assist them in appreciating the validity of the other's position.

negotiator
mediator
arbitrator
litigator
judge

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6. If the defendant does not respond to a claim served on him by the plaintiff in a lawsuit

he will be sent to jail
the trial will proceed without him
judgment will be awarded to the plaintiff
an arbitrator will be appointed to decide the issues
a lawyer will be appointed for him

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7. At trial

the plaintiff is required to give evidence to prove her version of the case
the defendant has the opportunity to produce evidence to oppose the claim
the judge considers and applies the relevant case law
a &b
all of the above

8. An appeal to a higher court generally involves

rehearing of the case
examination of the trial judge's findings of fact
reconsideration of the application of law to the facts
presentation of new evidence that came to light after the trial<
all of the above

9. Contingency fees are lawyer's fees that are

fixed before the trial begins
dependent on winning the case
used in the U.S. but not in Canada
used only in class action lawsuits
all of the above

10. Factors to consider in deciding whether to proceed with a legal conflict include

the impact on the reputation of the business
the amount of time, money, and personnel required
the nature of the relationship with the other party
whether there are broader principles at stake
all of the above