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HRMT411 I001 WIN 19 – ACTUAL TESTS & QUESTIONS AND ANSWERS
(American Public University)
Part 1 of 1 - 4.75/ 20.0 Points
Question 1 of 40 A law in which state imposes an "English Rule"-style cost strategy for litigants who decline a pre-trial 0.0/ 0.5 Points settlement offer?
A. New York B. Florida C. Nevada D. Michigan E. none of these choices
C
Question 2 of 40 To demonstrate how more than two parties may be involved in a dispute, the lesson material gives what example?
0.0/ 0.5 Points
A. none of these choices B. A crime spree in south-central Los Angeles C. Defective toys purchased from a toy store D. A petroleum company's contracts with gas stations E. The government seizing land under eminent domain
C
Question 3 of 40 To explain the machinations of agency relationships, the lesson material provides what example? (^) 0.0/ 0.5 Points
A. none of these choices
3/30/2019 APUS CLE : HRMT411 I001 Win 19 : Tests & Quizzes
B. A teacher proctoring an exam C. A stock broker trading investments D. A realtor selling a house E. A talent agent scouting professional baseball players
D
Question 4 of 40 The stage of conflict in which the parties actually argue concerning source, responsibilities and solution is called:
0.0/ 0.5 Points
A. all of these are correct B. manifest C. perceived D. aftermath E. latent
B
Question 5 of 40 Because of the American Rule's cost implications, many large companies have developed a habit of: 0.5/ 0.5 Points
A. doubling up on insurance policies B. all of these are correct C. settling out of court D. ignoring service of process E. litigating every dispute
C
Question 6 of 40 An agent may bind a principal with power not explicitly granted by the principal through which legal doctrine?
0.0/ 0.5 Points
C. apparent authority D. vicarious authority E. res ipsa loquitur
C
Question 7 of 40 In which stage of conflict does the conflict exist but yet unbeknownst to the parties? 0.0/ 0.5 Points
A. aftermath B. perceived C. none of these choices D. latent E. manifest
D
Question 8 of 40 The philosophy behind the American Rule is: (^) 0.0/ 0.5 Points
A. to require that the defendant needn't have to pay legal fees if he or she is the one being sued (and not the other way around) B. none of these choices C. to ensure the parties agree that the victor should pay no fees D. to encourage parties to contribute to legal aid funds E. to avoid intimidating litigants out of pursuing legal remedies for fear of crippling legal fees
E
Question 9 of 40 Under which rule does the losing party in a legal dispute pay the winner's legal costs? (^) 0.5/ 0.5 Points
A. Oxford
B. none of these choices
C. American
E. informal
D
Question 13 of 40 Paralegals may serve as: 0.0/ 0.5 Points
A. legal counsel B. magistrates C. none of these choices D. arbitrators E. mediators
E
Question 14 of 40 On the topic of our ability to tell the truth in court, the lesson material referenced which great American thinker's musings on the frailty of the human mind?
0.0/ 0.5 Points
A. none of these choices B. Olive Wendell Holmes C. Carl Sagan D. Sigmund Freud E. Ayn Rand
C
Question 15 of 40 The fact that a disputant must freely choose to participate in an ADR process is promotive of which advantage over litigation?
0.0/ 0.5 Points
A. none of these choices B. power to appeal a decision C. reduced costs D. establishment of precedent E. ownership of outcomes
E
Question 19 of 40 If an attorney encounters a conflict of interest with respect to a client, he or she can do which of the 0.25/ 0.5 Points following? (select all that apply)
A. Obtain informed consent B. Decline to bill for services and proceed pro bono C. Notify the mediator or arbitrator and proceed as normal D. Withdraw as counsel E. none of these choices
A, D
Question 20 of 40 The biggest hurdle to overcome in ADR proceedings is: 0.5/ 0.5 Points
A. none of these choices B. scheduling conflicts with court dockets C. human emotion D. shortage of competent ADR professionals E. cost limitations
C
Question 21 of 40 Caucusing is a technique commonly employed in what kind of mediation? (^) 0.0/ 0.5 Points
A. bargain-based B. triage C. pure D. transformative E. none of these choices
A
Question 22 of 40 Which type of mediation is commonly used in emotionally-charged disputes such as divorces? (^) 0.0/ 0.5 Points
B. triage C. bargain-based D. tranformative E. pure
E
Question 23 of 40 Which category of mediation focuses on judging the merits of each side's arguments, rather than on 0.5/ 0.5 Points compromise?
A. none of these choices B. remedial C. facilitative D. adjudicative E. evaluative
E
Question 24 of 40 When a mediator tries to achieve compromise by criticizing the arguments of each disputant, this is called:
0.0/ 0.5 Points
A. critical mediation B. none of these choices C. bargain-based mediation D. evaluative mediation E. transformative mediation
C
Question 25 of 40 The type of mediation that tries to promote empathy and understanding between the parties in order to lead to a successful resolution is called:
0.0/ 0.5 Points
A. none of these choices
B. bargain-based
B. introduction
C. none of these choices
D. opening arguments E. negotiation
A
Question 29 of 40 Which category of mediation focuses on achieving negotiation and healthy compromise between the parties, rather than on the merits of the arguments?
0.0/ 0.5 Points
A. evaluative B. none of these choices C. amicable D. olive branch E. facilitative
E
Question 30 of 40 The type of mediation which is brought about by court order, with the aim of boosting judicial efficiency and reducing the court docket load, is:
0.0/ 0.5 Points
A. transformative mediation B. none of these choices C. pure mediation D. bargain-based mediation E. transitive mediation
B
Question 31 of 40 The lesson material provides what example of lack of neutrality in a mediator? (^) 0.0/ 0.5 Points
A. A mediator overseeing a dispute in which one of the disputants is personally known to the mediator B. A disabled mediator overseeing a dispute about disability discrimination
D.
A mediator overseeing a dispute when the mediator receives more of his or her compensation from one disputant than the other E. A mediator who fails to honor confidentiality duties throughout a dispute
B
Question 32 of 40 The lesson material provides which common scenario in which "adhesion contract"-style ADR provisions are found?
0.0/ 0.5 Points
A. Agreements between billion-dollar cell phone companies and their customers B. Non-compete agreements for sales professionals in the lodging industry C. Agreements for legal services, such as those between a mediator and the parties to a dispute D. Agreements between business, such as restaurants and their food suppliers E. none of these choices
A
Question 33 of 40 A mediator's lack of bias toward or against the parties to a dispute is called: (^) 0.0/ 0.5 Points
A. 'no ties' policy B. 'hands-off' posturing C. none of these choices D. pecuniary disinterest E. impartiality
E
Question 34 of 40 Attorney advocates have a conflicted role in mediation because: (^) 0.0/ 0.5 Points
A. although attorneys can be a good idea, they are unnecessary for mediation, so charging clients is unethical
