Concerning arbitration:
If parties have agreed to arbitrate a dispute, they must use arbitration and cannot resolve the dispute in court.
Once an arbitration award is rendered, the parties are bound by the award and it cannot be set aside in court under any circumstances.
A weakness of arbitration is the inability of the winner to go to court to enforce the award if the loser refuses to pay or abide by it.
A strength of arbitration is the fact that arbitration awards stand as precedents for future arbitration decisions like court's decisions do.
After years of declining profits, the U.S. computer markers lobby Congress for protection. Congress, finding a "computer crisis," passes the "American Content Act." Under the Act, 99% of all parts making up a computer to be sold in the U.S. must be made by a U.S. domestic computer maker. Which constitutional provision or power best supports Congress' power to pass the Act?
The supremacy power from Article VI
The interstate commerce power
The general welfare power
All of the above are equally good
Comparing the common-law system of justice to the civil-law system
The common-law system is the basis for our court operation, including its reliance upon precedent, while the civil law system is the basis for court operations that follow a Roman law model, which do not rely upon court precedent.
The common-law system relies upon a jury, whereas the civil law system relies upon a judge, as the primary finder of fact in its courts.
Civil law relies primarily on code or a set of written legislative rules, while the common law also relies upon a court's interpretation of those rules in court litigation.
All of the above
R attorney determines to takes the deposition of the party suing you for an automobile accident the party's complaint alleges you caused. Considering the appropriate purposes or sues of discovery, which of the following would not be a reason why the attorney should be taking the deposition:
To discover facts to better prepare for trial or contemplate settlement.
To impeach the false trial testimony of the deposed party if a trial occurs in the case.
To increase litigation costs and delay trial in the matter, or "break down" the plaintiff with humiliating, irrelevant questions.
All of the above are typical uses of depositions in line with appropriate purposes of discovery.