True/False
Indicate whether the
statement is true or false.
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1.
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Judicial arbitration is generally a non-binding form of
arbitration.
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2.
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Only a plaintiff may make a C.C.P. § 998
offer.
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3.
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Unless the parties stipulate to a non-attorney, the
arbitrator in a judicial arbitration must be an attorney, a retired judge, a retired court
commissioner, or a judge who serves without compensation.
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4.
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If arbitration is binding, the arbitrator’s award is
non-appealable, except if the parties agree otherwise, and in very rare situations, such as
misconduct by the arbitrator.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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5.
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A C.C.P. § 998 offer:
a. | May be made orally on the day of
trial. | b. | Is only available to the defense. | c. | May be withdrawn any time before it is accepted. | d. | None of the above. |
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6.
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“Offer to Compromise and
Acceptance Under Code of Civil Procedure Section 998"
(Optional Judicial Council Form No.
CIV-090): a. | May be used either by a plaintiff or a defendant to extend an
offer to the other. | b. | May be used only by a
plaintiff to extend an offer to a defendant. | c. | May be used only by a
defendant to extend an offer to a plaintiff. | d. | None of the
above. |
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7.
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With respect to an
unconditional settlement, within how many days after filing a Notice of Settlement of Entire Case
must a party file a Request for Dismissal? a. | 30 days | b. | 40
days | c. | 45 days | d. | 60
days |
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8.
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If an attorney is unsure of
the merits of her case or the range of damages her client may be entitled to, a safe way to get that
information would be: a. | Binding arbitration | b. | Non-judicial arbitration | c. | Mediation | d. | Neutral evaluation
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