Answer the following three (3) questions based on the fact pattern below.
Ellen contracts with James to be her stockbroker, making stock trades for Ellen’s account. Ellen agreed that trades less than $20,000 that James makes did not need her approval. However, Ellen did state that all trades for more than $20,000 did need her approval prior to making the trade. Ellen and James included a clause in their trading agreement that states, “in the case of any disputes arising out of this contract, the dispute shall be submitted to arbitration using the rules of the New York Stock Exchange.”
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission and losing money.
If Ellen hires an attorney and instructs him to file a case in the state court, the court should:
Order the case to mediation.
Stay the case and order it to arbitration.
Hear the case but only if both parties disagree as to the subject matter.
Hear the case.
Order the case directly to a hearing in the court of appeals.
Ellen and James arbitrate their dispute. Who is most likely to be selected as an arbitrator?
A neutral expert on investment affairs.
An expert on invest affairs who works for one of the parties.
A facilitator
A mediator
A judge.
The arbitrator's panel decides in Ellen's favor. The decision stating the damage amount Ellen can collect is legally referred to as:
A collection
A lien
An award
A judgment
All of the answers in this group are correct