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1. Which of the following is the MOST ACCURATE statement about the different types of alternative dispute resolution ' ?
A) The agreements reached in mediations are generally nonbinding.
B) In an arbitration proceeding the arbitrator acts as a judge or jury by deciding the dispute at issue on its merits
C) The decisions reached in all arbitrations are always binding
D) In a mediation session, the mediator decides who should win the dispute at issue
2. Even if a government agent obtains consent to search by force duress or bribery, the consent will still constitute a valid waiver of the consenting party ' s right to be free from searches.
A) true
B) False
3. Which of the following is the most accurate statement about the litigation privilege in common law jurisdictions?
A) The litigation privilege only protects documents and materials prepared in anticipation of litigation.
B) The litigation privilege does not protect documents and materials prepared by third-party agents, such as fraud examiners.
C) The primary purpose of the litigation privilege is to protect confidential communications between a client and the client ' s legal representative.
D) The litigation privilege only protects documents and materials prepared after litigation commences.
4. Which of the following choices is a method of pretrial civil discovery that is often found in common law jurisdictions?
A) Affidavits of documents
B) Injunctions
C) Production writs
D) Indictments
5. Which of the following options is a legal element that the government must show to prove a conspiracy claim?
A) Each of the conspirators knowingly committed an overt act in furtherance of the conspiracy.
B) The defendant entered into an agreement to commit an illegal act with at least one other person.
C) Each of the conspirators knew all of the conspiracy's objectives and can identify all the participants involved.
D) The defendant documented at least one detail of the conspiracy in writing or electronically.
Solutions:
| Question # 1 Answer: C | Question # 2 Answer: B | Question # 3 Answer: A | Question # 4 Answer: A | Question # 5 Answer: B |
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