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Question 1
Res judicata is:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct At least according to the case of Lasalla v. Doctor's Assoc., 2005 Conn. Super. LEXIS 1 (2005), a final arbitration award must be respected by a court and therefore prevent a court from re-hearing the matter, but a later arbitrator need not be similarly bound by the prior award.
Incorrect! At least according to the case of Lasalla v. Doctor's Assoc., 2005 Conn. Super. LEXIS 1 (2005), a final arbitration award must be respected by a court and therefore prevent a court from re-hearing the matter, but a later arbitrator need not be similarly bound by the prior award.
Question 2
The "party arbitrator system," is one in which:
Correct
Incorrect!
Correct
Incorrect!
Correct The party arbitrator system, theoretically, ensures impartiality. Each party is permitted to select an arbitrator. The two 'party' arbitrators then select a third (sometimes referred to as the 'umpire').
Incorrect! The party arbitrator system, theoretically, ensures impartiality. Each party is permitted to select an arbitrator. The two 'party' arbitrators then select a third (sometimes referred to as the 'umpire').
Correct
Incorrect!
Question 3
The "umpire" in a party arbitration proceedings who fails to disclose an ex parte discussion with a representative for one party gives cause for a court to set aside the award in that case because:
Correct
Incorrect!
Correct In Gordon v. Amica Mutual Insurance Company, 2004 Conn. Super LEXIS 3409 (2004), it was held that the discussion itself constitutes misconduct, even absent some showing of bias.
Incorrect! In Gordon v. Amica Mutual Insurance Company, 2004 Conn. Super LEXIS 3409 (2004), it was held that the discussion itself constitutes misconduct, even absent some showing of bias.
Correct
Incorrect!
Correct
Incorrect!
Question 4
In Anystate, arbitration agreements are enforceable as per that state's statute. In order to enforce an arbitration agreement, however, it is vital that:
Correct In Schoneberger v. Oelze, 208 Ariz. 591(Ct. App. 2004), the parties against whom the arbitration agreement was sought to be enforced, were not actually parties to the agreement. Although they were beneficiaries to the trust in that case, the court held that because there was no written arbitration agreement to which they were parties, they could not be forced to arbitrate a claim despite the language of the trust.
Incorrect! In Schoneberger v. Oelze, 208 Ariz. 591(Ct. App. 2004), the parties against whom the arbitration agreement was sought to be enforced, were not actually parties to the agreement. Although they were beneficiaries to the trust in that case, the court held that because there was no written arbitration agreement to which they were parties, they could not be forced to arbitrate a claim despite the language of the trust.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Credit card companies, phone companies, and other large business can never enforce arbitration agreements in their customer agreements because:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although Ting v. AT&T, 319 F.3d 1126 (6th Cir., 2003) did limit the enforceability of clauses mandating arbitration and prohibiting class-actions, this by no means renders void all attempts to incorporate arbitration clauses into consumer agreements. Further, Boomer v. AT&T Corp., 309 F.3d 404 (7th Cir., 2002) results in a different outcome than Ting.
Incorrect! Although Ting v. AT&T, 319 F.3d 1126 (6th Cir., 2003) did limit the enforceability of clauses mandating arbitration and prohibiting class-actions, this by no means renders void all attempts to incorporate arbitration clauses into consumer agreements. Further, Boomer v. AT&T Corp., 309 F.3d 404 (7th Cir., 2002) results in a different outcome than Ting.
Question 6
Thanks to the Federal Arbitration Act, traditional defenses to a contract do not apply to arbitration clauses because:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although it is true that the FAA does not merely allow for arbitration but also encourages it, this does not supplant the traditional body of contract law in its entirety. The FAA 'puts arbitration agreements on the same footing as other contracts,' and therefore traditional defenses to contracts, such as unconscionability, can be used to invalidate an arbitration agreement without running afoul of the FAA. Iberia Credit at 166, quoting Doctor's Assocs. V. Casarotto, 517 U.S. 681, 687 (1996).
Incorrect! Although it is true that the FAA does not merely allow for arbitration but also encourages it, this does not supplant the traditional body of contract law in its entirety. The FAA 'puts arbitration agreements on the same footing as other contracts,' and therefore traditional defenses to contracts, such as unconscionability, can be used to invalidate an arbitration agreement without running afoul of the FAA. Iberia Credit at 166, quoting Doctor's Assocs. V. Casarotto, 517 U.S. 681, 687 (1996).
Question 7
An arbitration clause which requires one party to the contract to arbitrate all claims, while the other party has the option to bring a claim in court or to arbitrate, is unenforceable because it is:
Correct A one-sided clause such as this in unconscionable, and therefore will not be enforced by a court. Iberia Credit Bureau, Inc. v. Cingular Wireless LLC, 379 F.3d 159 (5th Cir. 2004).
Incorrect! A one-sided clause such as this in unconscionable, and therefore will not be enforced by a court. Iberia Credit Bureau, Inc. v. Cingular Wireless LLC, 379 F.3d 159 (5th Cir. 2004).