Fact Pattern 3-2 Ellen Contracts with James to Be Her Stockbroker, Making Stock

question 181

Multiple Choice

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated 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.
-Refer to Fact Pattern 3-2. If Ellen and James did mediate this dispute, their mediator:

• A) would have to be an attorney
• B) would have to represent one of them
• C) could be anyone at all, in any state
• D) might have to be professionally trained
• E) must be professionally trained according to federal law

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Definitions:

Fixed Asset

Long-term tangible assets held for business use and not expected to be converted to cash in the upcoming business cycle.

Damage Repair

The process of fixing or restoring property or items that have been harmed or degraded.

Depreciated

The reduction in the value of an asset over time due to wear and tear or obsolescence.

Ordinary Maintenance

Routine upkeep and repair of equipment and facilities to keep them in their original condition without significantly enhancing their value or extending their life.