A) Upon order of a federal judge only.
B) After a case has been filed in either state or district court.
C) Before a case has been filed in any court.
D) After a jury trial and prior to appeal.
E) After a case has been filed in federal court,but parties must wait at least 30 days.
G) C) and D)
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A) The general qualifications for being an arbitrator are honesty,impartiality,and subject-matter competence.
B) The American Arbitration Association will send the parties a list of potential arbitrators.
C) A retired CEO is not permitted to arbitrate because she has not attended law school.
D) A person with no experience in running a business can still be an arbitrator.
E) Arbitrators are expected to follow the Arbitrator's Code of Ethics.
G) A) and B)
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C
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A) It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest,and all states have adopted it.
B) It provides for a mediation privilege but does not specifically require that mediators identify conflicts of interest,and less than half the states have adopted it.
C) It does not provide for a mediation privilege but does specifically require that mediators identify conflicts of interest,and all states have adopted it.
D) It provides for a mediation privilege,mediators are required to identify any conflicts of interest,and less than half the states have adopted it.
E) There is no Uniform Mediation Act because of the controversy involved in attempting to negotiate such an act.
G) B) and D)
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A) No,arbitration is voluntary and Coleman never signed an agreement to arbitrate their disputes.
B) Yes,but only because Jade's written demand had a thirty day deadline.
C) Yes,Jade demanded in writing that they arbitrate their dispute.
D) No,a party cannot enter a contract that requires them to arbitrate instead of filing a lawsuit.
E) No,a party is never required to arbitrate.
G) A) and E)
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A) Private trial
B) Early neutral case evaluation
C) Negotiation
D) Mediation
E) Arbitration
G) A) and E)
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A) Yes,because there are more advantages to arbitration.
B) No,because the distribution contract between Coleman and Jade did not include a binding arbitration agreement.
C) No,because a Submission Agreement is not a binding arbitration agreement.
D) Yes,because he entered into a submission agreement.
E) No,because a party has a right to file a lawsuit.
G) A) and B)
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A) No,arbitration decisions are final and binding.
B) No,arbitration decisions are often overturned because many arbitrators do not have a background in law.
C) No,arbitration decisions are held to the same standard as a judge's ruling.
D) Yes,an arbitrator's decision is difficult to overturn because courts often do not have jurisdiction over a private arbitration.
E) Yes,courts give extreme deference to arbitrators' decisions.
G) D) and E)
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A) Consultation
B) Case analysis
C) Mediation
D) Focus grouping
E) Case argument
G) B) and D)
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A) Ari will be bound by the agreement unless he can prove that he was orally promised it would not be enforced.
B) The provision has the effect of weakening the agreement,as a court would likely refuse to enforce it.
C) Ari will be bound by the provision because while under federal law he had three days in which to back out of the agreement,he did not do so.
D) Ari will be bound by the agreement unless he testifies that he did not read it.
E) It will have no effect because Ari signed the agreement,and he is bound by it.
G) A) and C)
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A) Always.
B) Only if a money award is involved.
C) Only if both parties had lawyers because that terminology makes it easier for the lawyers to be paid.
D) Never.
E) Only if one party completely wins and there is no split decision.
G) C) and D)
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A) Outrageous
B) Unsupportable
C) Prohibitive
D) Unconscionable
E) Unreasonable
G) B) and C)
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A) Arbitration is generally less expensive than litigation.
B) Arbitrations prohibit the use of legal counsel.
C) Arbitrations can be set aside on appeal for the same reasons as court judgments.
D) Arbitrators are bound by the same rules as judges in applying precedent.
E) Arbitrators are assigned so parties do not have to pick them.
G) None of the above
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Arbitrations are similar to a court tria...View Answer
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A) Because the referee's report is filed with the trial judge,the trial is not confidential and becomes public record.
B) Occurs after a case has been filed in court.
C) A referee writes a report stating the findings of fact and conclusions of law,and the report is filed with the trial judge.
D) Is voluntary.
E) The trial is conducted in private to ensure confidentiality.
G) C) and E)
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A) None because Ari freely signed the agreement.
B) None;only because an employee/employer relationship is involved.
C) A court will be unlikely to enforce the agreement only if it can be proven that Ari did not read the agreement before he signed it.
D) None because a domestic company,not an international one,is involved.
E) A court may be more likely to not enforce the agreement because of the distance and expense involved.
G) B) and E)
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E
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A) After the mediator issues a binding ruling,Sofia can appeal.
B) After the mediator issues a binding ruling,Sofia cannot appeal.
C) Sofia and Renata reach an agreement that could be enforced in court if either party breaches the mediation agreement.
D) The mediator could issue a binding ruling against Sofia.
E) After the mediator issues a binding ruling,Sofia and Renata draft an agreement.
G) C) and E)
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A) The parties may introduce witnesses and documentation,may cross-examine witnesses,and may offer closing statements.
B) Parties are required to have a lawyer in both arbitrations and trials.
C) Cross-examination of witnesses occurs in trials,but not in arbitrations.
D) Closing statements are not permitted during arbitration.
E) The decision of a judge is legally binding,but the decision of an arbitrator is not.
G) A) and B)
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A) Dominic is correct only because an international company is involved.
B) Yes,because an action in court is considered completely separate from an arbitration proceeding.
C) No,because the arbitration agreement would completely bar Naomi'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) Yes,but only if Naomi filed an "Intent to Seek Further Relief" form with the arbitrator.
G) A) and D)
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D
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A) That the arbitrator misused his authority in the making of the award.
B) That the parties agreed in advance not to give closing statements.
C) That the arbitrator told the parties in advance that he worked at MegaTron thirty years ago and disclosed this fact in writing.
D) That Emilia did not want to arbitrate.
E) That Emilia may have been lying when she testified during the arbitration.
G) A) and C)
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B) False
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