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Question 1
De novo is:
Correct
Incorrect!
Correct De novo means 'anew' or 'afresh' and is used to describe the process when a court tries a matter as if there had been no prior decision.
Incorrect! De novo means 'anew' or 'afresh' and is used to describe the process when a court tries a matter as if there had been no prior decision.
Correct
Incorrect!
Correct
Incorrect!
Question 2
True or false: It is easier to have a court review the decision of another court than it is to have that court review the decision of an outside arbitrator.
Correct
Incorrect!
Correct It is significantly easier to successfully seek court review of an arbitration award than of a lower court's decision.
Incorrect! It is significantly easier to successfully seek court review of an arbitration award than of a lower court's decision.
Question 3
Which of the following is NOT cause for a court to vacate an arbitration award?
Correct
Incorrect!
Correct An evident miscalculation of figures will permit a court to modify or correct an award, but not vacate the award. The other answers provide cause for a court to vacate the award.
Incorrect! An evident miscalculation of figures will permit a court to modify or correct an award, but not vacate the award. The other answers provide cause for a court to vacate the award.
Correct
Incorrect!
Correct
Incorrect!
Question 4
As a general rule, under the Delaware Uniform Arbitration Act, found in the Courseware, once a party learns of the award in an arbitration, how long does that party have to ask a court to vacate, modify, or correct the award?
Correct
Incorrect!
Correct section 5714 (b) and section 5715 (a) provide the 90 day deadline for such a motion, although there is an exception in some cases which is noted in section 5714 (b).
Incorrect! section 5714 (b) and section 5715 (a) provide the 90 day deadline for such a motion, although there is an exception in some cases which is noted in section 5714 (b).
Correct
Incorrect!
Correct
Incorrect!
Question 5
Which of the following would be mandatory for a court but is not mandatory for arbitration?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although there are many advantages to arbitration, these come at some cost. The right to a trial by jury, the expectation that when a decision is made, it will be accompanied by some rationale, and the ability to refer to a carefully kept court record on appeal are all sacrificed when litigation is replaced by arbitration.
Incorrect! Although there are many advantages to arbitration, these come at some cost. The right to a trial by jury, the expectation that when a decision is made, it will be accompanied by some rationale, and the ability to refer to a carefully kept court record on appeal are all sacrificed when litigation is replaced by arbitration.