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Question 1
Bona fide, as used in law, means:
Correct
Incorrect!
Correct Despite its literal translation from Latin, the term bona fide refers to something which is genuine or real.
Incorrect! Despite its literal translation from Latin, the term bona fide refers to something which is genuine or real.
Correct
Incorrect!
Correct
Incorrect!
Question 2
The ABA (American Bar Association) has promulgated model rules which apply to:
Correct
Incorrect!
Correct The Model Code of Judicial Ethics, insofar as it has been adopted by various states, applies to judges only. Similarly, the Model Code of Legal Ethics applies to attorneys. Although attorneys are responsible for the actions of their paralegals under the Model Code, the ABA has not drafted any rules directly applying to legal assistants.
Incorrect! The Model Code of Judicial Ethics, insofar as it has been adopted by various states, applies to judges only. Similarly, the Model Code of Legal Ethics applies to attorneys. Although attorneys are responsible for the actions of their paralegals under the Model Code, the ABA has not drafted any rules directly applying to legal assistants.
Correct
Incorrect!
Correct
Incorrect!
Question 3
A "settlement judge" is:
Correct
Incorrect!
Correct
Incorrect!
Correct When a court appoints another judge to act as a mediator in a case that judge might be referred to as a 'settlement judge.'
Incorrect! When a court appoints another judge to act as a mediator in a case that judge might be referred to as a 'settlement judge.'
Correct
Incorrect!
Question 4
True or false: Only the plaintiff(s) and defendant(s) may play an active role in court-ordered mediation.
Correct
Incorrect!
Correct In a court case, any real party of interest may join the case in order to protect her interest (rights). Preventing such parties from taking part in a court-ordered mediation would prejudice their rights.
Incorrect! In a court case, any real party of interest may join the case in order to protect her interest (rights). Preventing such parties from taking part in a court-ordered mediation would prejudice their rights.
Question 5
When a mediator acts in a way which renders her less an impartial facilitator than an advocate for one side or a decision-maker, the results of the mediation:
Correct Even if the parties reach a settlement agreement, a third party whose rights were affected may appeal the results of mediation where the mediator was not impartial, as in the Clergy Cases.
Incorrect! Even if the parties reach a settlement agreement, a third party whose rights were affected may appeal the results of mediation where the mediator was not impartial, as in the Clergy Cases.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
If a party participates in mediation in bad faith, the result might be reversed or a default judgment may be entered against that party.
Correct Unless aggrieved parties had some redress available to them through the courts, there would be nothing other than personal integrity preventing others from manipulating the mediation process.
Incorrect! Unless aggrieved parties had some redress available to them through the courts, there would be nothing other than personal integrity preventing others from manipulating the mediation process.