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

question 140

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. Assume that James appeals the decision of the arbitrators to a state court. He wants to argue that using the New York Stock Exchange rules was unfair to him. Most likely, James will:

• A) win hands down; the rules are unfair
• B) win, if he shows that the rules favor stockbrokers
• C) win, based on the legal doctrine of res judicata
• D) lose, because the arbitrators were acting like judges
• E) lose, because the courts routinely uphold arbitration proceedings

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Definitions:

Healthcare Provider

An individual or institution that provides medical services including diagnosis, treatment, and advice to patients.

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A set of procedures performed under sterile conditions to minimize the risk of introducing pathogens during medical procedures.

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Dressing Change

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