Question 1

Jackie is hiring Ron to do clean up and maintenance,as an independent contractor,for her building which has several tenants.She is aware that Ron has sued some previous building owners.He however,does a good job,and she would like to hire him.Ron has agreed to sign an arbitration agreement.What should Jackie do to have a binding agreement that will be enforced?

Accepted Answer

Student responses may vary somewhat.Foll...

Question 2

Was Brice correct when he told Jenny that if she lost at the arbitration level,a federal judge would consider the case anew without consideration of the arbitration agreement?

Accepted Answer

A)   Yes, because an action in court is considered completely separate from an arbitration proceeding.
B)   Yes, but only if Jenny filed an "Intent to Seek Further Relief" form with the arbitrator.
C)   No, because the arbitration agreement would completely bar Jenny's ability to file a court action.
D)   No, because in a later court action, a federal judge in district court would only reverse an arbitrator's decision for certain reasons such as that the arbitrator displayed bias or corruption.
E)   Brice is correct only because an international company is involved.F) A) and B)
G) None of the above

Question 3

Which of the following is true in regard to precedent in relation to law in general and arbitration?

Accepted Answer

A)   Like the law in general, the law governing arbitration agreements is not a fixed set of rules or precedents.
B)   Unlike the law in general, the law governing arbitration agreements is a fixed set of rules or precedents.
C)   Law in general has a fixed set of rules or precedents, but the law governing arbitration is not a fixed set of rules or precedents.
D)   Neither the law in general nor the law of arbitration has a fixed set of precedents.
E)   Both the law in general and the law of arbitration have a fixed set of precedents except in the area of consumer law in which there is no fixed set of law or precedents.F) B) and D)
G) B) and E)

Question 4

Assuming the Uniform Mediation Act provisions apply,did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

Accepted Answer

A)   No, he was incorrect. There are major differences between mediation and arbitration.
B)   He was correct because the only difference between the two involves the length of the proceeding.
C)   He was correct because the only difference between the two involves cost.
D)   He was correct because the only difference between the two involves whether a court reporter is present.
E)   He was correct because the only difference between the two involves the type of evidence that may be considered.F) A) and C)
G) A) and B)

Question 5

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Accepted Answer

Arbitration is preferable to litigation ...

Question 6

Which of the following is true regarding arbitration in Brazil?

Accepted Answer

A)   Brazilian lawmakers have reformed several articles in the Brazilian Civil Code to increase the practice of arbitration.
B)   Parties must sign an "arbitration commitment" recognizing that the parties agree that any decision may be appealed to the judiciary branch of government.
C)   Because of a commitment by legislators to reduce arbitrations, parties may only arbitrate family law matters.
D)   Because of a commitment by legislators to reduce arbitrations, parties may only arbitrate corporate law matters.
E)   Arbitration is outlawed in Brazil.F) C) and D)
G) A) and C)

Exam 4: Alternative Dispute Resolution

Which of the following is true in regard to precedent in relation to law in general and arbitration?

Correct Answer
verified

Assuming the Uniform Mediation Act provisions apply,did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

Correct Answer
verified

Was Brice correct when he told Jenny that if she lost at the arbitration level,a federal judge would consider the case anew without consideration of the arbitration agreement?

Correct Answer
verified

Which of the following is true regarding arbitration in Brazil?

Correct Answer
verified

Correct Answer
verified
Student responses may vary somewhat.Foll...
View Answer

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Correct Answer
verified
Arbitration is preferable to litigation ...
View Answer

Exam 4: Alternative Dispute Resolution

Which of the following is true in regard to precedent in relation to law in general and arbitration?

Correct AnswerverifiedShow Answer

Assuming the Uniform Mediation Act provisions apply,did Brice correctly tell Jenny that mediation is nearly the same as arbitration?

Correct AnswerverifiedShow Answer

Was Brice correct when he told Jenny that if she lost at the arbitration level,a federal judge would consider the case anew without consideration of the arbitration agreement?

Correct AnswerverifiedShow Answer

Which of the following is true regarding arbitration in Brazil?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedStudent responses may vary somewhat.Foll...View AnswerShow Answer

How is arbitration preferable to litigation,and what are criticisms of arbitration as compared to litigation?

Correct AnswerverifiedArbitration is preferable to litigation ...View AnswerShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Student responses may vary somewhat.Foll...
View Answer

Correct Answer
verified
Arbitration is preferable to litigation ...
View Answer