#1
In legal negotiation, what does BATNA stand for?
Best Alternative to Negotiated Agreement
ExplanationIt represents the alternative course of action available if a negotiation fails.
#2
Which of the following is a common negotiation strategy used in criminal justice?
Collaborative problem-solving
ExplanationIt involves parties working together to find mutually beneficial solutions.
#3
What does the acronym 'ADR' stand for in the context of legal negotiation?
Alternative Dispute Resolution
ExplanationIt refers to methods of resolving disputes outside of traditional courtroom litigation.
#4
What is the term used to describe a negotiated agreement in which both parties make concessions to achieve a resolution?
Compromise
ExplanationIt involves both parties giving up some of their demands to reach a mutually acceptable solution.
#5
What is the primary role of a defense attorney in the negotiation process in criminal justice?
To negotiate plea bargains with prosecutors
ExplanationThey work to secure favorable deals for their clients with the prosecution.
#6
What is the primary aim of interest-based negotiation in criminal justice?
To achieve the best possible outcome for all parties involved
ExplanationIt focuses on addressing underlying interests to find mutually beneficial solutions.
#7
What is the primary goal of restorative justice in criminal negotiation?
To repair harm caused by the offense and promote healing
ExplanationIt aims to address the harm caused by the crime and facilitate healing for all parties involved.
#8
What is the term used to describe a negotiation in which a neutral third party assists the conflicting parties in reaching a resolution?
Mediation
ExplanationA mediator facilitates discussions between parties to help them find common ground and reach agreements.
#9
Which of the following is NOT a potential consequence of failed negotiation in criminal justice?
Enhanced trust between parties
ExplanationFailed negotiations can lead to increased animosity and decreased trust between parties.
#10
What is the term for the process by which the judge determines the sentence for the defendant without negotiation?
Sentencing hearing
ExplanationIt's a formal proceeding where the judge decides the appropriate punishment for the defendant based on evidence and legal guidelines.
#11
In criminal justice negotiation, what does the term 'plea bargaining' refer to?
The process where the defense and prosecution negotiate a mutually acceptable resolution
ExplanationIt involves discussions between the defense and prosecution to reach an agreement on charges and sentences.
#12
In criminal negotiation, what does the term 'zealous advocacy' refer to?
The defense attorney's unwavering commitment to protecting the defendant's interests
ExplanationIt involves the defense lawyer vigorously defending their client's rights and interests.
#13
Which of the following is NOT a characteristic of principled negotiation in criminal justice?
Focusing on positions rather than interests
ExplanationPrincipled negotiation emphasizes understanding underlying interests rather than rigidly adhering to positions.