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26.
(p. 73)
Would the arbitration agreement be deemed void because it provided that the arbitrator
was not bound by the federal rules of evidence?
27.
(p. 78)
Will Jill likely be bound by the arbitration provision that she can only receive $150 in
damages?
28.
(p. 78)
What effect would the provision requiring that she pay have on the agreement?
29.
(p. 78)
What effect will the provision that the arbitration will be conducted at the company's
home state have on the agreement?
30.
(p. 70)
Which of the following is true regarding the Uniform Mediation Act?
31.
(p. 74)
Which of the following is true regarding arbitration in Brazil?
32.
(p. 74)
According to the text, positive points of arbitration involve(s) which of the following?
33.
(p. 73)
Which of the following is accurate regarding George's refusal of a continuance based
upon Susan's medical problem?
34.
(p. 73)
Which of the following is accurate regarding George's refusal to hear testimony other
than that presented by Bob and Susan?
35.
(p. 74)
Did George act properly in hearing the dispute?
36.
(p. 75)
According to the text, which of the following are criticisms of arbitration?
37.
(p. 70)
Which of the following is true regarding the remedy if a party does not abide by an
agreement reached in mediation?
38.
(p. 75)
If a contract does not provide for arbitration, parties may submit a specific dispute
involving a contractual provision to arbitration through the use of a ______.
39.
(p. 77)
Several merchants signed a binding arbitration agreement with American Express Co. The
arbitration agreement included a clause prohibiting class action arbitration. Later, after a serious
dispute arose involving a federal statute, the merchants wanted to pursue class action arbitration
against American Express arguing that it would be too expensive to pursue the claims
individually. Assuming the Federal Arbitration Act applies, how should a court rule on the issue?
40.
(p. 77)
A[n] ______ clause has been defined as one in which the terms are "manifestly unfair or
oppressive and are dictated by a dominant party."
41.
(p. 75)
A(n) ______ is a provision in a contract that mandates that all disputes arising under the
contract must be settled by arbitration.
42.
(p. 79)
What did the U.S. Supreme Court rule in the case of
Robert Gilmer v. Interstate/Johnson
Lane Corporation
involving whether a claim under the federal Age Discrimination in Employment
Act was subject to arbitration?
43.
(p. 82)
Billy signs an arbitration agreement providing that he will arbitrate any disputes with his
employer, ABC Company. Billy believes that ABC Company has discriminated against him in
violation of the Americans with Disabilities Act. The EEOC also investigated the situation and
brought an action against ABC Company alleging that ABC Company discriminated against Billy
in violation of the Americans with Disabilities Act. What is the effect of the arbitration clause in
regards to the action brought by the EEOC?
44.
(p. 82)
What type of dispute resolution process is med-arb?
