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Question 1
Equitable relief is a term which:
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct When a party requests that the court order someone to do something, or refrain from doing something, she is seeking equitable relief. In other words, rather than asking for money, the party is seeking the court to compel action.
Incorrect! When a party requests that the court order someone to do something, or refrain from doing something, she is seeking equitable relief. In other words, rather than asking for money, the party is seeking the court to compel action.
Question 2
Compared to a trial, mediation is usually:
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Incorrect!
Correct These are just some of the oft-cited benefits of mediation. Other benefits include: the ability to raise new issues in mid-stream (revise scope of conflict); greater flexibility in outcomes and settlements; general simplicity of the proceedings as compared with formal legal proceedings.
Incorrect! These are just some of the oft-cited benefits of mediation. Other benefits include: the ability to raise new issues in mid-stream (revise scope of conflict); greater flexibility in outcomes and settlements; general simplicity of the proceedings as compared with formal legal proceedings.
Question 3
The best way to collect information from your opposing party in mediation would be to:
Correct There is no formal discovery process in mediation, but information is regularly exchanged. To the extent that the opposing party is reticent, strategic disclosure of your information might be called for. Because there is no discovery, a court cannot help, and a mediator cannot make the session contingent on your opponent's openness. You, on the other hand, may walk away from mediation if your opponent withholds information in bad faith.
Incorrect! There is no formal discovery process in mediation, but information is regularly exchanged. To the extent that the opposing party is reticent, strategic disclosure of your information might be called for. Because there is no discovery, a court cannot help, and a mediator cannot make the session contingent on your opponent's openness. You, on the other hand, may walk away from mediation if your opponent withholds information in bad faith.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Suzie Lightening is a dancer whose name is her main form of advertising. Recently, she discovers that a song makes frequent use of her name in the lyrics, and is in fact called "Suzie Lightening." As it stands, one cannot copyright a name or a title. Seeking to change this she files a suit against the artist's estate (the artist has passed away). Suzie wants to (A) stop this song from being played or sold, (B) receive monetaryy damages for harm already done to her reputation, and (C) establish the ability to copyright her name and prevent others from using it in the future. Which of these can NOT be achieved if she settles the case through mediation.
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Incorrect!
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Correct Mediation settlements cannot establish precedent and have no effect on present law. Therefore, if Suzie wants to prevent future use, she must win a case in Federal court which could then affect copyright law.
Incorrect! Mediation settlements cannot establish precedent and have no effect on present law. Therefore, if Suzie wants to prevent future use, she must win a case in Federal court which could then affect copyright law.
Correct
Incorrect!
Question 5
In which of the following situations is mediation least appropriate?
Correct
Incorrect!
Correct Many students were likely tempted by answer D, but there are numerous situations in which mediation takes place despite the complexity of the case or the number of parties involved (peek ahead to Chapter 6, Subchapter 2: The Clergy Cases & Meddlesome Mediators). The brothers who won't budge are unlikely to be helpful to each other during the voluntary discovery process preceding mediation sessions, and are less likely to arrive at a negotiated mediation settlement than the parties in the other answer choices.
Incorrect! Many students were likely tempted by answer D, but there are numerous situations in which mediation takes place despite the complexity of the case or the number of parties involved (peek ahead to Chapter 6, Subchapter 2: The Clergy Cases & Meddlesome Mediators). The brothers who won't budge are unlikely to be helpful to each other during the voluntary discovery process preceding mediation sessions, and are less likely to arrive at a negotiated mediation settlement than the parties in the other answer choices.