Distinguish between an ADR neutral providing legal information to a party and giving legal advice, and give an example of each
What will be an ideal response?
An ADR neutral may recommend or provide legal information that has been published in
some form or another and is available to the public. He or she may also recommend
attorneys and other individuals who can legally provide advice. He or she may even be able to
quote the text of laws that apply. But the neutral may not offer legal opinions or advice on
how to proceed in a legal matter. For example, a neutral learns that a pro se party to divorce
is unaware of her marital property rights under state law. In response, the neutral offers a
brochure on the topic prepared by the a local association of family law attorneys, and
recommends the names of three competent family law attorneys who take low income
clients. The neutral may even quote and explain the provisions of the applicable statute. But
the neutral may not counsel the party on what items of the party's property constitute the
marital estate or how to obtain them in the negotiations to follow.
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Voir dire challenges for cause are unlimited in number.
Answer the following statement true (T) or false (F)
Answer the following statement(s) true (T) or false (F)
1. Marriage requirements are set by state law. 2. Common law marriage occurs when the law requires a marriage ceremony be performed by an authorized official. 3. Degrees of consanguinity and affinity are set out by statute that prohibits marriage between certain parties. 4. Alimony is deductible by the payor and income to the recipient. 5 Parents are responsible for torts committed by minor children, and state statutes often set the maximum amount of liability.
A court might find that an owner of a pet is strictly liable because the
A) defendant denies that the pet caused any damages B) defendant has breached a duty to exercise reasonable care C) plaintiff suffered minor damages D) pet had a known propensity for violence
Paralegals are not allowed to review closed divorce files that contain previously drafted separation agreements.
Answer the following statement true (T) or false (F)