Author Question: What is a decided case that provides the basis for determining the rule of law in subsequent cases ... (Read 29 times)

strangeaffliction · **on:** Aug 3, 2018

What is a decided case that provides the basis for determining the rule of law in subsequent cases involving similar facts or issues?

A) similar law analysis
B) similar fact analysis
C) legal precedent
D) case on point

Question 2

Identify the six phases of a typical arbitration, and describe the goal(s) of each phase.

What will be an ideal response?

katheyjon · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

C

Answer to Question 2

Initiation one or both parties to a dispute either make a written demand on the other to
arbitrate, or they invoke a contract provision requiring arbitration in the event of a dispute
arising under the contract. The parties then either agree to arbitrate or the demanding party
seeks a court order to arbitrate. Where a written demand is made, the other party will answer
the demand in writing pursuant to the rules under which the arbitration is to proceed.
Selecting an arbitration sponsor once the parties agree to arbitrate or a demand has
been received and answered, the parties will select an agency to sponsor the arbitration. The
agency typically will provide the rules and procedures to follow and will provide
administrative assistance to facilitate the arbitration similar to the services provided by a
court clerk.
Pre-hearing meetings these are preliminary hearings before the arbitrator and
administrative conferences, including some with the sponsoring agency, to clarify rules and
other substantive issues and to iron out procedural issues such as the production of documents,
use of expert witnesses, etc.
Preparation the period of assembling the evidence and conducting discovery, preparing
witnesses and in general getting ready to put on the facts and arguments in support of one's
case.
Hearing the evidentiary hearing before the arbitrator at a location of the party's choosing
where evidence is presented and oral arguments made. There generally is no written record
made of the proceeding nor are oaths typically administered to witnesses. The hearing is
usually private and confidential.
Decision making and award the arbitrator may make the decision at the end of the
hearing but generally within 30 days, based on the evidence and arguments and using standards
selected by the parties, such as fairness or applicable law.. If a panel is used, the decision
will be by majority of the arbitrators or an average of their individual awards. The decision of
the arbitrator is called an award and is usually written.