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1. You continue the interview by trying to find out as much

Customer Question

1. You continue the interview by trying to find out as much as you can about the hospital’s conduct and Mrs. B’s condition. During this process, you’ll
A. use mostly direct questions, since they’re the most efficient way to get information.
B. ask Mr. B leading questions, since it sounds like the emergency room doctor was
totally wrong.
C. begin with open-ended questions to get a general idea of what happened.
D. focus on getting the information your firm requires on its “New Client Form.”
2. As the interview progresses, Mr. B tells you that he’s very angry at the hospital. He says things like, “I want them to suffer like my wife is suffering,” and “I don’t care how long this takes, I want them to pay.” You should
A. get angry too, because your client deserves a legal team that will fight for him.
B. try to maintain a businesslike attitude, since it’s your job to get information.
C. make sure to discuss Mr. B’s anger with your supervising attorney, since it may mean
that his case isn’t appropriate for ADR.
D. offer to help him find a good therapist so that he’ll be calm at a hearing.
Question are based on the following set of facts.
ABC Corporation has been making gaskets for engines manufactured by DEF Corporation for several decades. Their gasket-manufacturing contract includes a binding arbitration clause. But the two companies have had a very good working relationship over the years and have been able to resolve any problems without using arbitration.
DEF is the largest employer in your state. ABC is much smaller, but is world-renowned for the quality of its gaskets. Unfortunately, ABC is experiencing serious business difficulties this year. Mudslides in the small African country from which they import their raw materials, their CEO’s expensive divorce, and irregularities in recent stock offerings have all resulted in manufacturing disruption. ABC is very far behind on its commitments to DEF. DEF is losing money every day it has to wait for ABC’s parts and wants to settle this matter quickly. DEF has come to your law firm for advice.
3. DEF agrees to arbitrate the dispute. ABC'S president has a neighbor who used to work in the same industry as DEF and ABC and is a retired judge. ABC wants the former judge to serve as arbitrator for this dispute. DEF will
A. object, pointing out that the contract requires that the parties use an arbitrator
suggested by the American Arbitration Association.
B. agree, believing that the neighbor’s industry expertise and judicial experience will serve
both parties equally well.
C. object, because they think that the retired judge has a conflict of interest.
D. agree, because ABC’s president is a good friend and has had a rough time.
4. In spite of the difficulties that ABC has caused the company, DEF still thinks that ABC
makes the best gaskets in the world. Since the client doesn’t want to end the relationship
between the companies, the attorney may suggest that ABC and DEF mutually agree to
set aside the arbitration clause and instead try
A. early neutral evaluation.
B. med-arb.
C. a minitrail
D. mediation.
You’re a paralegal in a Massachusetts law firm that specializes in family law. Lorraine H has come to you because she and her husband, Mark, have decided to divorce. The couple lives in a suburb of Boston with their three small children, ages 4, 6, and 8. Lorraine explains that they’re both very concerned about the impact of the divorce on the children.
Mark, an architect, is a partner in a large and successful Boston firm. He doesn’t plan to
leave Boston after the divorce. But Lorraine would like to return to California where the rest of her family lives. She wants to take the children with her, although she expects that Mark will have strong objections. Your supervising attorney explains that Massachusetts law requires that divorce cases go first to mediation before they're filed in court.
5. When the mediator raises the issue of Lorraine’s move to California, Mark becomes very angry and accuses her of trying to steal his children. This upsets Lorraine, who begins to cry, claiming that Mark never considers her personal needs. This exchange would occur in what part of the mediation process?
A. Introduction
B. Generation of options
C. Issue clarification
D. Ventilation
6. You begin work as a paralegal in your state’s environmental protection agency. You’re
assigned to a long-standing dispute between the state and a large chemical company. The
lawsuit involves several private parties as well as the state government. The case requires
fact-finding on quite a few scientific as well as legal issues, and it’s still in the discovery
stage. Your boss suggests that you research the possibility of
A. med-arb.
B. a summary jury trial.
c. a minitrail
D. negotiated rulemaking.
Submitted: 2 months ago.
Category: Multiple Problems
Expert:  aminlawfirm replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  aminlawfirm replied 2 months ago.

1. A

2. B

3. A

4. D

5. C

6. A

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