Wednesday, November 6, 2019

What was the holding of the court in the case Buckeye Check Cashing, Inc. v. Cardegna, in which the U.S.

A[n] ______ clause has been defined as one in which the terms are "manifestly unfair or oppressive and are dictated by a dominant party." 
A. Unconscionable
B. Unreasonable
C. Outrageous
D. Prohibitive
E. Unsupportable
What was the holding of the court in the case Buckeye Check Cashing, Inc. v. Cardegna, in which the U.S. Supreme Court addressed the issue of whether the court or the arbitrator should consider the claim that a contract containing an arbitration provision is void for illegality? 
A. Regardless of whether a challenge is brought in federal or state court, a challenge to the validity of a contract as a whole, not specifically to an arbitration clause, must be decided in court, not in arbitration.
B. Regardless of whether a challenge is brought in federal or state court, a challenge either to the validity of an arbitration clause or to the contract as a whole, must be decided in court, not in arbitration.
C. Regardless of whether a challenge is brought in federal or state court, a challenge either to the validity of an arbitration clause or to the contract as a whole, must go to the arbitrator.
D. Regardless of whether a challenge is brought in federal or state court, a challenge to the validity of an arbitration clause, not to the contract as a whole, must go to the arbitrator.
E. Regardless of whether a challenge is brought in federal or state court, a challenge to the validity of a contract as a whole, not specifically to an arbitration clause, must go to the arbitrator.
What did the U.S. Supreme Court rule in the case of Robert Gilmer v. Interstate/Johnson Lane Corporation involving whether a claim of age discrimination was subject to arbitration? 
A. The defendant's policy of requiring that the plaintiff agree to arbitrate all employment disputes as a condition of his employment was valid.
B. The defendant's policy of requiring that the plaintiff agree to arbitrate all employment disputes as a condition of his employment was invalid.
C. The EEOC was bound by the employee's agreement to arbitrate all employment disputes.
D. The EEOC was not bound by the employee's agreement to arbitrate all employment disputes.
E. The defendant's policy of requiring that the plaintiff agree to arbitrate all employment disputes as a condition of his employment was valid, and the EEOC was bound by the employee's agreement to arbitrate all employment disputes.
What effect does the Federal Arbitration Act have on employment contracts? 
A. It does not apply to employment contracts.
B. It applies to employment contracts.
C. It applies to employment contracts in the construction industry but not to other employment contracts.
D. It applies to employment contracts in the restaurant industry but not to other employment contracts.
E. It has no effect because there is no Federal Arbitration Act.
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 has also investigated the situation and has 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? 
A. The arbitration clause is enforceable and binding on the EEOC.
B. The arbitration clause is enforceable and binding on the EEOC only if ABC Company provided EEOC with a copy of the agreement before the suit was filed.
C. The arbitration clause is enforceable and binding on the EEOC only if Billy is the only employee who has been discriminated against under the Americans With Disabilities Act.
D. The arbitration clause is not binding on the EEOC.
E. The EEOC can avoid the arbitration clause only if it can show that it prosecuted ABC Company in the past and that ABC Company is a repeat offender.
What type of dispute resolution process is med-arb? 
A. A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.
B. A process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on one or more points, move on to court-annexed ADR.
C. A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
D. A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
E. None of the above are contained within the umbrella of med-arb.

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