LENB Test 1| Questions and Answers Verified
100% Correct | Latest Update
alternative dispute resolution (ADR) - ✔✔The resolution of legal problems through methods
other than litigation
negotiation - ✔✔a bargaining process in which disputing parties interact informally to
attempt to resolve their dispute
mediation - ✔✔A type of intensive negotiation in which disputing parties select a neutral
party to help facilitate communication and suggest ways for the parties to solve their dispute.
arbitration - ✔✔a type of adr in which disputes are submitted for resolution to private
nonofficial persons selected in a manner provided by law of the agreement of the parties
binding arbitration clause - ✔✔a contract provision mandating that all disputes arising under
the contract must be settled by arbitration
med-arb - ✔✔A type of dispute resolution process in which both parties agree to start out in
mediation and, if unsuccessful, to move on to arbitration.
summary jury trial - ✔✔an abbreviated trial that leads to a nonbinding jury verdict
minitrial - ✔✔A type of conflict resolution in which lawyers for each side present their
arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if
the case went to trial. This decision is not binding.
private trial - ✔✔An ADR method in which a referee is selected and paid by the disputing
parties to offer a legally binding judgment in a dispute.
, federalism - ✔✔a system of government in which power is divided between a central
authority and constituent political units
judicial review - ✔✔the power of a court to review legislative and executive actions, such as
a law or an official act of government employee or agent, to determine whether they are
constitutional
supremacy clause - ✔✔Article VI of the Constitution, which makes the Constitution, national
laws, and treaties supreme over state laws when the national government is acting within its
constitutional limits.
federal preemption - ✔✔a principle asserting the supremacy of federal legislation over state
legislation when both pertain to the same matter
commerce clause - ✔✔Clause stating that Congress can regulate interstate and international
commerce.
dormant commerce clause - ✔✔restriction on states' authority to pass laws that
substantially affect interstate commerce
priviledges and immunities clause - ✔✔section of the Constitution stating that a state may
not refuse police protection or access to its courts to U.S. citizens because they live in a
different state
full faith and credit clause - ✔✔Constitution's requirement that each state accept the public
acts, records, and judicial proceedings of every other state
Contract Clause - ✔✔The clause in the U.S. Constitution that prohibits the government from
unreasonably interfering with an existing contract.
100% Correct | Latest Update
alternative dispute resolution (ADR) - ✔✔The resolution of legal problems through methods
other than litigation
negotiation - ✔✔a bargaining process in which disputing parties interact informally to
attempt to resolve their dispute
mediation - ✔✔A type of intensive negotiation in which disputing parties select a neutral
party to help facilitate communication and suggest ways for the parties to solve their dispute.
arbitration - ✔✔a type of adr in which disputes are submitted for resolution to private
nonofficial persons selected in a manner provided by law of the agreement of the parties
binding arbitration clause - ✔✔a contract provision mandating that all disputes arising under
the contract must be settled by arbitration
med-arb - ✔✔A type of dispute resolution process in which both parties agree to start out in
mediation and, if unsuccessful, to move on to arbitration.
summary jury trial - ✔✔an abbreviated trial that leads to a nonbinding jury verdict
minitrial - ✔✔A type of conflict resolution in which lawyers for each side present their
arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if
the case went to trial. This decision is not binding.
private trial - ✔✔An ADR method in which a referee is selected and paid by the disputing
parties to offer a legally binding judgment in a dispute.
, federalism - ✔✔a system of government in which power is divided between a central
authority and constituent political units
judicial review - ✔✔the power of a court to review legislative and executive actions, such as
a law or an official act of government employee or agent, to determine whether they are
constitutional
supremacy clause - ✔✔Article VI of the Constitution, which makes the Constitution, national
laws, and treaties supreme over state laws when the national government is acting within its
constitutional limits.
federal preemption - ✔✔a principle asserting the supremacy of federal legislation over state
legislation when both pertain to the same matter
commerce clause - ✔✔Clause stating that Congress can regulate interstate and international
commerce.
dormant commerce clause - ✔✔restriction on states' authority to pass laws that
substantially affect interstate commerce
priviledges and immunities clause - ✔✔section of the Constitution stating that a state may
not refuse police protection or access to its courts to U.S. citizens because they live in a
different state
full faith and credit clause - ✔✔Constitution's requirement that each state accept the public
acts, records, and judicial proceedings of every other state
Contract Clause - ✔✔The clause in the U.S. Constitution that prohibits the government from
unreasonably interfering with an existing contract.
