A) Those who lack funds must use a slower public system,but information from private trials is open to the public,similar to trials in state or federal court.
B) They are a form of state or federal litigation closed to the public to protect the identity of litigants in certain sensitive situations.
C) They are generally slower than regular litigation.
D) They may allow defendants to hide wrongdoing from the public.
E) They unfairly discriminate against corporations because by law in some cases corporations must pay the costs involved for indigent plaintiffs.
G) C) and E)
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B) False
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A) Allow the lawsuit to move forward because employees have a right to file a lawsuit.
B) Dismiss the lawsuit,because of Emilia's poor performance.
C) Allow the lawsuit because Emilia did not foresee she might suffer discrimination.
D) Allow the lawsuit because arbitration clauses in employment contracts are not binding on employees.
E) Dismiss the lawsuit because of the binding arbitration clause in her employment contract.
G) C) and D)
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Student responses ma...View Answer
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A) Alan was wrong.He had a duty to consider other relevant testimony as well.
B) Alan had a duty to consider other testimony,but only up to three other witnesses per side.
C) Alan was correct,but only because the dispute involved the discontinuance of a business.
D) Alan was correct.
E) Alan had a duty to consider other testimony,but only up to two other witnesses per side.
G) B) and D)
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A) Alan was incorrect regarding the time in which a hearing must be held because under the Federal Arbitration Act,the applicable time period is 60 days.
B) Alan was probably wrong in refusing the continuance,and that could present a basis upon which to set aside his award.
C) Alan's statement that a hearing must be held within 30 days was correct.
D) Alan was prohibited by law from granting a continuance over Jae's objection.
E) Under the Federal Arbitration Act,an arbitration proceeding may not be postponed based upon illness.
G) A) and C)
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A) 30
B) 25
C) 10
D) 120
E) 90
G) B) and C)
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1.The award was the result of corruption...View Answer
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A) Like the law in general,the law governing arbitration agreements is not a fixed set of rules or precedents.
B) 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.
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) Unlike the law in general,the law governing arbitration agreements is a fixed set of rules or precedents.
E) Both the law in general and the law of arbitration operate within a fixed set of rules and precedents.
G) D) and E)
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B) False
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Mediation occurs when the parties hire a...View Answer
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A) Private trial
B) Minitrial
C) Med-arb
D) Negotiation
E) Early neutral evaluation
G) None of the above
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A) A minitrial must follow and come after an arbitration.
B) It is more costly than arbitration.
C) A minitrial must follow and come after a failed mediation.
D) In a typical minitrial,business representatives have settlement authority.
E) A minitrial utilizes a jury to make a recommended decision.
G) D) and E)
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A) The arbitration clause is not binding on the EEOC.
B) The arbitration clause is enforceable and binding on the EEOC only if Victor is the only employee in the company who has allegedly been discriminated against under the Americans with Disabilities Act.
C) The arbitration clause is enforceable and binding on the EEOC only if Business Corp provided the EEOC with a copy of the agreement before the suit was filed.
D) The EEOC can avoid the arbitration clause only if it can show that it prosecuted Business Corp in the past and that Business Corp is a repeat offender.
E) The arbitration clause is enforceable and binding on the EEOC.
G) All of the above
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A) Suggested ADR resolution clause
B) Submission agreement
C) Binding arbitration clause
D) Binding mediatory clause
E) The parties may not submit a specific dispute to arbitration if the contract does not provide for arbitration
G) A) and B)
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A) Federal courts and agencies may "opt in" to a federal mediation program.
B) Both federal district courts and federal agencies are required by law to have ADR programs.
C) Federal agencies are required to create internal ADR programs,but federal district courts may "opt out" of establishing these programs.
D) Federal district courts are required to have ADR programs,but such programs are not mandatory for federal agencies.
E) There is no requirement that federal courts or federal agencies have ADR programs.
G) B) and E)
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B) False
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A) The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 20 plaintiffs.
B) The court should uphold the arbitration agreement itself and uphold the class action provision but limit any class action proceeding to no more than 10 plaintiffs.
C) The court should uphold the arbitration agreement itself but strike the provision prohibiting class action arbitration.
D) The court should strike the whole arbitration agreement because a claim under federal law is involved,and the parties should be required to go to court for any relief.
E) The court should uphold the agreement prohibiting class action arbitration.
G) A) and C)
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B) False
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A) Arbitration is used in medical malpractice cases,environmental disputes,and insurance liability claim disputes,but not in commercial contract disputes because those disputes are governed by the UCC.
B) Arbitration is used in medical malpractice cases,commercial contract disputes,and insurance liability claim disputes,but not in environmental disputes because those disputes are governed strictly by federal law.
C) Arbitration is used in employment,medical malpractice cases,environmental disputes,commercial contract disputes,and insurance liability claims.
D) Arbitration is used in medical malpractice cases,environmental disputes,and commercial contract disputes,but not in insurance liability claim disputes because those claims are governed strictly by state regulatory law.
E) Arbitration is used in environmental disputes,commercial contract disputes,and insurance liability claim disputes,but not in medical malpractice cases because those cases are governed strictly by state statutory law and also state common law on negligence.
G) A) and E)
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