Session 1 warm up

2. Dispute Pretrial & Legislative Trial and
Resolution Trial Bodies & Pretrial Actions
Processes Procedures Misc terms
100 100 100 100
200 200 200 200
300 300 300 300
400 400 400 400

3.  This can be binding on parties when they
agree in advance that it will be

4.  What is arbitration?
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5.  A neutral 3rd party who acts as a catalyst
to help parties analyze their dispute,
consider possible solutions, and devise a
compromise formula

6.  What is mediation?
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7.  The most direct route to resolution of a
dispute

8.  What is negotiation?
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9. Resolution method when alternative
dispute resolution fails

10.  What is a law suit?
 Brown v Board of Education 347 U.S. 483 (1954)
 Miranda v Arizona 384 U.S. 436 (1966)
 Paul v Virginia, 8 Wall 168 (1869)
 South-Eastern Underwriters Association, et al. 322
U.S. 533 (1944)
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Describe one lawsuit

11.  Tell jury what verdict to reach

12.  What is a directed verdict?
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13.  Ends trial because of error or event that
would make it impossible for the jury to
reach a fair verdict, or because the jury
cannot reach a verdict

14.  What is a mistrial?
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15.  End trial because the plaintiff has failed
to present a sufficient case or has not
complied with a court order.

16.  Nonsuit
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17.  A doctrine that bars parties to a lawsuit
on which final judgment has been
rendered from bringing a second lawsuit
on the same claim or related
transactions

18.  What is res jusicata (or claim preclusion)?
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19.  The ways U.S. law can be classified

20. What are:
 Civil or criminal
 In subject matter classification
 As either substantive or procedural law?
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21.  Sources of U.S. law

22. What are:
 Constitutions
 Legislative Bodies
 Courts
 Executive Branches
 Administrative Agencies?
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23.  Administrative agencies promulgate:

24.  What is legislative, interpretative, and
procedural laws.
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25. Constitutional provisions relevant to
insurance:

26. What are:
Delegation of powers to Congress
Commerce Clause
Due Process Clause
Equal Protection Clause?
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27.  3 types of adminsitrative agency rules

28.  What are legislative rules, interpretative
rules and procedural rules?
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29.  U.S. Constitution places these limits on
agency investigations

30.  What are the 4th amendment
(unreasonable searches and seizures)
and the 5th amendment (self-
incrimination?
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31.  To take an administrative action to court
for judicial review, these must have
occurred:

32. What is:
 1) the plaintiff must have standing to
sue,
 2) the agency must have issued a final
order in the case, and
 3) the plaintiff must have exhausted all
adminstrative remedies?
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33.  After reviewing comments about a
proposed rule, an agency can take one
of these (3) actions:

34. What are:
 Adopt the proposed rule
 Make minimal or extensive changes to
the rule
 Nullify the proposed rule?
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