ADR Multiple Choice Questions

Based on his argument in Against Settlement, Owen Fits would most likely agree that: A. settlement does not mean that there is true reconciliation between two parties B. unequal distribution of resources is no longer a problem in settlement C. structural reform cases, such as school desegregation cases, easily fit into the settlement model D. settlement is virtually the same as adjudication, with only minor differences

A

Which of the following is an example of information that would most likely not be shared during a negotiation? A. information obtained during discovery B. information obtained through an article in an online newspaper C. privileged information that diminishes one's own bargaining power D. all information that could help the opposing side

C

Which of the following is not one of the five core emotional concerns impacting negotiation identified by Fisher and Shapiro? A. affiliation B. autonomy C. concern D. role

C

Mediation: A. Uses an impartial person to help resolve a conflict even though it gives that person no power to impose a solution B. is among the fastest-growing dispute resolution methods in the U.S. C. is a process that courts can order parties to participate in D. all of the above

D

The dispute pyramid is most useful to show that: A. disputes are resolved only in court B. court filings continue to increase year after year C. court filings far outweigh the number of grievances D. far more perceived injuries occur than court filings

D

Which of the following disputes would be least appropriate for the use of arbitration as a dispute resolution process? A. a job discrimination claim brought under the federal anti-discrimination law B. a divorce involving children and significant assets C. a commercial dispute between a construction contractor and subcontractor D. a common law claim over title to real property E. b and d

E

According to Leonard Riskin's original and very influential Grid for the Perplexed, which of the following is true: A. a mediator's orientation is based on the extent to which the mediator tends to define the scope of the problem to be addressed narrowly or broadly and whether the mediator sees her role as mainly to evaluate or facilitate B. a mediator's interventions during a mediation are influenced by the participants' role and preferences as well as the mediator's predisposition C. a mediator who defines a problem in terms of its litigation issues will always employ an evaluative strategy D. a mediator who asks questions to help the parties evaluate the impact of non-settlement is employing an evaluative strategy

A

Ellen visits a lawyer due to her dissatisfaction with her treatment at work. Ellen tells the lawyer that she learned two months ago that she is being paid $30k less than men who did the same position that she does—and this is despite the number of years that she has been with her company and her consistently excellent reviews. She believes she is a victim of discrimination. A lawyer using the traditional model of the lawyer-client relationship will: A. tell ellen that she must file a charge of discrimination with the EEOC before she an bring a discrimination claim against her employer B. discuss with ellen all of her legal options, avenues for redress available within her workplace, the possibility of moving to another company, and the consequences of doing nothing C. ask ellen what is important to her as she considers her options D. all of the above

A

In mediation, a caucus is: A. a meeting between the mediator and just one side in the mediation B. a meeting between a party and his or her attorney C. another term for a joint session D. a pre-mediation telephone conversation that the mediator holds with all of the lawyers to establish the date, time, and location of the mediation session

A

What are the four steps of negotiation, according to Professor Shell in Bargaining for Advantage: Negotiation Strategies for Reasonable People? A. preparation; information exchange; promising and concession making; commitment B. preparation; ice breaking; information bargaining; closing C. information exchange; proposals; offers; demands D. planning; agenda control; information bargaining; concessions and reformulation

A

Which of the following are true statements of the qualifications to be an arbitrator? A. there are no requirements to be an arbitrator. anyone may hold themselves out as an arbitrator B. arbitrators must be licensed by the state before they may hold themselves out as arbitrators C. arbitrators must be certified as arbitrators before holding themselves out as arbitrators D. arbitrator must hold a terminal degree in their given field of expertise in order to hold themselves out as arbitrators

A

Which of the following disputes is the best candidate for arbitration? A. plaintiff, a company in business with the defendant, believes the defendant has intentionally breached the parties' contract related to supplying goods for production. the defendant, another fortune 500 company, wants to resolve the dispute without public attention B. a student's family believes that their state's school funding plan discriminates against their child, and they file suit against the district to force structural change C. a patent dispute arises, exposing an unestablished and unprecedented question of law for the court D. plaintiff, a citizen of NYC, believes a police officer violated her constitutional rights. she wants to bring public awareness to what she believes is a systemic problem

A

Which of the following, if any, most accurately describes the Supreme Court's holding in Gilmer v. Interstate/Johnson Lane? A. arbitration provisions are presumptively valid, and will not be invalidated based on generalized concerns about arbitration or arbitrators B. arbitration agreements are on "equal footing" with all other contract provisions C. arbitrators must write the reasons for their arbitration awards in language easy enough for the lay person to understand D. arbitral institutions owe a fiduciary duty to the parties who retain them, but not to the arbitrators for whom they broker arbitration cases

A

Why does one's negotiation reputation matter? A. one's reputation can influence negotiation outcomes B. having a reputation as an adept distributive negotiator always means less time spent on general information and more time discussing specific information about priorities and preferences C. reputation will not ever matter if one can demonstrate during a negotiation that they are sufficiently trustworthy D. having a positive reputation has no impact on negotiation outcomes

A

Caucus is a technique: A. available to all mediators, regardless of their mediation model B. not available to mediators who use the understanding-based mediation model C. not available to mediators who use the analytical mediation model D. not available to mediators who use the adaptive mediation model

B

Determine the bargaining zone in the following situation: Kira is looking to buy a cupcake-making business, but she is not wiling to pay more than $175k. Diego seeks to sell his business for at least $150k. A. the bargaining zone is $20k B. the bargaining zone is $25k C. the bargaining zone is $30k D. the bargaining zone is $35k

B

Empirical research conducted in Maryland has found that: A. when a mediator uses reflections to acknowledge and validate the parties' emotions and values as well as clarify the issues the parties would like to discuss, parties are more likely to reach an agreement B. when a mediator combines reflecting strategies with eliciting techniques—such as asking the parties to think of solutions or summarizing solutions—the parties are more likely to say that the other person listened and understood them better, indicate that all of the underlying issues came out, and reach an agreement C. when a mediator shares his opinions or predictions about a case or assessed the parties' legal options, parties are more likely to reach an agreement D. when a mediator explains and advocates for one party's ideas, parties are more likely to reach agreement

B

If a state provides qualified immunity for mediators: A. a mediator will have absolute protection from lawsuits for misconduct B. a mediator will be protected from negligence actions but not from acts like intentional torts, bad faith, and willful and wanton conduct C. a mediator will be protected from lawsuits for misconduct provided she was conducting a court-ordered mediation D. none of the above

B

Susan worked as an independent contractor for MegaDoc and claims that MegaDoc failed to pay her the entire amount owed pursuant to the contract. She brought a breach of contract action in court. The court ordered mediation. During the joint session at the beginning of the mediation, MegaDoc's CEO brazenly said: "MegaDoc makes it a practice to hire women as employees and as independent contractors, We pay them less than we would pay men. And when we refuse to pay the full amount owed, women are less likely to find a lawyer and fight. Susan, you are the exception to this rule, and I respect that—but we're still not paying you. It would set a bad precedent for us." The case did not settle in mediation, and Susan is now seeking to force the mediator to testify at the trail regarding the CEO's admission. Which of the following is most accurate? A. in a state that has adopted the UMA, the mediator will be permitted to testify only if the court holds an in camera hearing and determines that the evidence is not otherwise available and there is a need for the evidence that substantially outfights the interest in protecting confidentially B. in california, the mediator will not be competent to testify C. in a state that has adopted the UMA, the mediator may assert the mediation privilege to avoid testifying and also prevent anyone from testifying any mediation communications D. in california, megadoc may assert the mediation privilege and prevent anyone from testifying regarding what the CEO said in the mediation

B

The difference(s) between the collaborative model of the lawyer-client relationship and the client-centered model is(are) that: A. a lawyer using the client-centered model will spend more time with the client finding out what is important to the client B. a lawyer using the collaborative model will share her advice with the client regarding the best course of action even if the client does not request such advice C. a lawyer using the client-centered model will discuss both legal and non-legal options with the client D. all of the above

B

What are the three ways in which people experience conflict, according to Bernard Mayer? A. cognitive, perception, and emotional B. cognitive, behavioral, and emotional C. cognitive, behavioral, and action D. cognitive, emotional, and feeling

B

When delivering bad news to a client, particularly regarding a prediction that the other side's arguments or evidence are likely to prevail, a lawyer should: A. carefully describe the arguments that opposing counsel will make and explain why there is a good chance that these arguments will be successful B. forcefully describe the arguments the lawyer would make on the client's behalf, then thoroughly describe the opponent's arguments, and then explain why the lawyer has concluded that in light of applicable law, the other side is more likely to succeed C. be careful to use language that soften the blow of the bad news D. begin with a recommendation on a course of action based on the lawyer's prediction that the opponent's arguments will prevail

B

Which of the filling is true? "Nonconscious mimicry" is" A. a communication device not recommended for lawyers' interaction with clients B. usually subtle, increases rapport, and occurs when one person in interaction with another person imitates the posture, facial expression, tone of voice, and mannerisms of the other C. obvious, manipulative and offensive D. a and c

B

Which of the following ethical rules apply in arbitration? A. rules against perjury B. rules requiring truthfulness C. rules barring spoliation of evidence D. a and b E. b and c

B

For an arbitration provision to be held unconscionable, which of the following must be true. A. the provision is substantively unconscionable because it is so extreme that it "shocks the conscious" B. the provision is procedurally unconscionable because it is offered in the contract on a "take it or leave it" basis C. a and b D. a or b E. none of the above

C

How can a general understanding of the theoretical underpinnings of conflict be helpful in practice? A. because conflicts are typically very specific, a general theory of conflict is irrelevant B. conflicts arising in business settings will never be grounded in social process theory C. understanding the general theory of conflict can help attorneys understand why and how conflicts form D. focusing on different theories of conflict exist can precent an attorney from developing a more nuanced understanding of the dynamics leading to specific disputes

C

In a case where the plaintiffs chance of winning is 75%, the anticipated judgment is $100k, and the cost of trial is $15k, what is the expected value of trial for the plaintiff? A. $75k B. $63,750 C. $60k D. $85k

C

Is it important to understand your own personal negotiation approach? A. your personal negligence approach is irrelevant, since the approach taken in any given negotiation will depend on the client B. your personal negotiation is irrelevant, since the approach taken in any given negotiation will depend on the matter at hand C. understanding your natural tendencies is important because doing so can help you plan for effective strategies and responses D. understanding your natural tendencies is important because doing so will dictate if you can be an effective negotiator

C

The brainstorming process: A. is used only in corporate settings B. is used only in transactional settings C. values the quantity ideas more than quality D. is always conducted in person and orally

C

The separability doctrine holds: A. if an arbitration cause is invalid, it is stricken from the rest of the agreement, which remains enforceable B. courts, not arbitrators, decide whether an agreement to arbitrate is enforceable C. arbitrators, not courts, decide whether the enforceability of an arbitration clause is subject to contract defenses D. a and b E. b and c

C

Tom Arnold, an intellectual property lawyer and mediator, lists 20 common errors in mediation advocacy. Which of the following is not one of those errors? A. omitting client preparation B. failure to identify perceptions and motivations C. letting the client open for herself D. reducing the amount of a pre-mediation offer to settle

C

What is the difference between position-based processes and interest-based processes? A. adjudication is always a position-based process, whereas negotiation is exclusively an interest-based process B. adjudication never involved interest-based processes, because it only acknowledges people's positions, or what someone says she wants or is entitled to have C. a position-based process tends to have parties asserting positions opposing each other; interest-based processes include attempts to reconcile the parties' interests by finding a solution satisfying the underlying interests of both parties D. mediation and negotiated never involve positions, since they care about resolving the needs or motives that underlie each parties' position

C

What two questions can best help one determine another's interest during a negotiation? A. who and where? B. what and how? C. why and why not? D. whether and when?

C

Which model or approach to mediation would define mediation as a process in which a third party helps parties in conflict shift away from self-absorption and toward openness to each other as fellow human beings? A. facilitative-broad B. analytical C. transformative D. understanding-based

C

Which of the following are grounds under the FAA to reverse an arbitration award. A. the arbitrator was mistaken about the law B. the arbitrator was mistaken about the facts of the case C. the arbitrator exceeded the scope of her authority under the agreement to arbitrate D. a and b E. b and c

C

Which of the following best describes when courts are most likely to find that parties have violated the obligation to participate in mediation in good faith when: A. the parties of trial attorneys fail to attend B. the parties or trial attorneys fail to attend, or an organizational party fails to send a representative with sufficient settlement authority C. the parties or trial attorneys fail to attend; an organizational party fails to send a representative with sufficient settlement authority; or the parties fail to comply with mediation preparation requirements (e.g., failure to submit a pre-mediation memorandum) D. the parties or trial attorneys fail to attend; an organizational party fails to send a representative with sufficient settlement authority; the parties fail to comply with mediation preparation requirements (e.g., failure to submit a pre-mediation memorandum); or the parties' efforts to resolve the dispute are insufficient (e.g., failure to make any offer or a suitable offer)

C

Which of the following best explains the difference between "conflict" and "dispute"? A. conflict is a perceived clash of interests, and a dispute is an actual clash of interests B. conflicts are interpersonal. disputes solely arise in court. C. disputes result from acting upon conflict D. disputes necessarily involve attorneys. conflicts can involve anyone.

C

Which of the following is not a motive for the interest in creating alternatives to traditional litigation? A. saving time and money B. utilizing more open, flexible, and responsive processes that can adapt to participants' needs C. decreasing community involvement in the dispute resolution process D. broadening access to "justice"

C

Which of the following is not part of determining one's own BATNA? A. creating a list of possible actions to take if no agreement is reached B. determining practical alternatives out of possible actions C. assessing a counterpart's BATNA D. choosing the best alternative if no agreement is reached

C

Which of the following is true: A. a lawyer may be found liable for legal malpractice in the settlement context only if the client has first sought rescission of the settlement agreement B. a lawyer who uses active listening will behave in precisely the same way as a lawyer who uses the loop of understanding C. a lawyer's potential liability for legal malpractice in the settlement context depends primarily on whether the lawyer failed to demonstrate sufficient knowledge of the relevant substantive and procedural law and whether the client can demonstrate that he suffered harm caused by the lawyer's negligent representation D. the first step in the counseling model recommended by your text is considering options

C

Which of the following is true? A. only a few states regulate the practice of mediation generally B. courts in only a few states regulate the practice of mediators on their rosters C. courts in only a few states operate a statewide mediation program out of a centralized office that regulated the practice of a statewide roster of mediators D. none of the above

C

You are a lawyer. Which of the following is true: A. you are very likely to be required to take a mediation training and demonstrate your ability before you may begin serving as a mediator B. if you mediate and lawyers accompany their clients to your mediation sessions, you will never need to explain the different between the roles of lawyer and mediator C. if you are representing a client, some states' statutes or court rules will require you to submit a document advising the court whether it would be appropriate to try using mediation or another dispute resolution process to resolve a legal action pending in that court D. if you are representing a client and your client cannot attend a court-ordered mediation session, your presence will always be sufficient to satisfy any good faith participation requirement.

C

Dale Beech and Hall Corp reach an oral settlement agreement in mediation. The next day, Dale's lawyer calls Hall Corp's lawyer and says, "My client is not satisfied with your client's apology, and she wants out of the agreement." Hall Corp is now seeking judicial enforcement of the mediated settlement agreement. Dale or her lawyer will need to describe what occurred in the mediation session. Dale's lawyer knows this could be a problem under the UMA adopted by the state's legislature. However, Dale's lawyer also knows the UMA provides for expectations. Which of the following exceptions applies? A. section 5 B. section 6(a) C. section 6(b) D. section 9(d)

C Section 6(b) of the UMA provides for an exception to theprivilege under Section 4 if a court finds, after a hearing in camera, that the proponent of the evidence has shown that the evidence is not otherwise available, there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation. Dale seeks to avoid liability on the settlement agreement reached in mediation. Her lawyer will need to persuade the court that the evidence is not otherwise available and that the need for the evidence outweighs the interest in protecting confidentiality

A mediator may surface the parties' underlying interests by: A. using active listening in caucus B. using active listening in joint session C. when dealing with a party's proposal, asking what interests the proposal fosters or impedes D. all of the above

D

According to Leonard Reskin, how do the assumptions involved in being an effective mediator compare to the assumptions employed by most practicing lawyers? A. both mediators and most lawyers rely on the application of general rules of law applies by a third party B. both mediators and most lawyers use a "win/lose" approach - if the one party wins, the other must necessarily lose C. both mediators and most lawyers are adversaries throughout the process D. most lawyers assume that disputants are adversaries, whereas mediators generally believe that all parties can benefit through a creative solution to which each agrees

D

According to research conducted for the ABA Section of Dispute Resolution, sophisticated users of commercial mediation want: A. pre-mediaton discussions with the mediator, in part to prepare themselves and their clients for mediation B. the mediator to have substantive expertise, to inform the assistance the mediator may provide to the parties with analysis of the case C. customization of the mediation process in connection with its timing, the exchange of information before the mediation, and whether to have opening statements D. all of the above

D

Adjudicatory and consensual methods differ based on: A. who will pay for the filing fees B. the theoretical underpinnings of the conflict C. the number of attorneys on each side D. who will determine the outcome of the dispute

D

Courts' enforcement of mediated settlement agreements: A. is very likely B. is impossible because mediation is defined as a non-binding dispute resolution process C. may be dependent upon parties' compliance with statutory requirements D. a and c

D

Mandatory mediation may consist of: A. a requirement that the lawyers advise the court regarding the potential value of using mediation to resolve the case B. a requirement that the parties attend a case conference at which the use of mediation is explored C. a requirement that parties attend and participate in a mediation session D. all of the above

D

Mary and John are getting a divorce. The court orders them and their lawyers to participate in mediation and requires them to have full authority to settle. They all meet in mediation to try to reach agreements on visitation, child support, spousal maintenance, and division of assets and liabilities. The lawyers are listed as the attorneys of record on the case. John leaves partway through the mediation. John's lawyer remains. Which of the following is true: A. as john's agent, john's lawyer automatically has the authority to enter into the terms of a mediated settlement agreement on john's behalf B. john's lawyer has implied authority to enter into the terms of a mediated settlement agreement on john's behalf C. john's lawyer has express authority to enter into the terms of a mediated settlement agreement on john's behalf D. john's lawyer has apparent authority to enter into the terms of a mediated settlement agreement on john's behalf

D

Outside the U.S.: A. a european union directive permits courts in member states to order parties to use mediation B. italy requires parties to participate in a meeting with a mediator, but the parties may then opt out of any further mediation C. the united nations general assembly has adopted an international convention for the expedited enforcement of mediated settlement agreements D. all of the above

D

Peter and Chuck were business partners for 20 years, but are now dissolving their partnership. The process has been difficult. Peter's and Chuck's lawyers are now negotiating on their clients' behalf. The lawyers have a meeting scheduled for tomorrow. Peter and Chuck happen to see each other at church. Chuck says to Peter that he hopes the lawyer's upcoming negotiation "well bring this turmoil to a close." Peter responds, "At this point, I'm ready to do whatever my lawyer decides is best. I trust his judgment, and I've told him that he has the authority to make decisions on my behalf in this matter." Which of the following is true: A. peter's lawyer has express authority to enter into the terms of an agreement on peter's behalf B. peter's lawyer has implied to enter into the terms of an agreement on peter's behalf C. peter's lawyer has apparent authority to enter into the terms of an agreement on peter's behalf D. a and c

D

What does the work of an ombudsman typically involve? A. presiding over mini-trials in cases that would typically be tried before a jury B. exclusively providing mediation to parties C. operating exclusively within private institutions D. receiving complaints and facilitating their resolution

D

What must lawyers understand to help support clients choose and use the most appropriate method of dispute resolution? A. an understanding of the available processes, including the advantages and disadvantages of each B. an understanding of the impact the process will have on those involved C. a thorough understanding of their client's needs and goals D. all of the above

D

What reasons might a party choose to arbitrate a dispute instead of going to trial? A. because they want a decision-maker who really knows the subject matter B. because they want to preserve all of their legal rights C. because they want a faster, less formal process D. a and c

D

Which of the following are concerns about alternative dispute resolution processes generally? A. the loss of due process, particularly in criminal matters B. the side-stepping of the constitutional requirement of a jury trial C. the creation of a two-tier system of civil justice that limits access to courts to those with money and power to access it D. all of the above

D

Which of the following best explains the difference between creating value and claiming value? A. claiming value is cooperative; creating value is competitive B. creating value involves one party winning and one party losing C. claiming value occurs through cultivating common interests; creating value is a purely competitive process D. claiming value involves some degree of competition; creating value is about "expanding the pie" in the negotiation

D

Which of the following correctly states the distinction between mediation and binding arbitration? A. mediation is exclusively interest-based, whereas arbitration is exclusively position-based B. arbitration involves binding awards, whereas settlement agreements resulting from mediation are non-binding since they are unenforceable as contracts C. mediation is informal, whereas arbitration is a formal process that relies on established precedent D. the arbitrator is the decision-maker in arbitration, whereas the parties are the decision-makers in mediation

D

Which of the following is an important factor to consider when deciding how to resolve a particular dispute? A. the relationship between the parties B. the speed at which a trial will be held C. the amount in controversy D. all of the above

D

Which of the following is most likely effect of "nibbling" during a negotiation? A. a contract is drafted that memorializes the deal B. the problem is resolved pragmatically, with specific attention to finer-details than were not discussed during the negotiation C. each party better understands their rights and obligations within the deal D. a party can become frustrated and less committed to the previously agreed-upon deal

D

Which of the following is true about the five major negotiation skills? A. each skill can be isolated to one level of competency B. empathy is detrimental to one's ability to negotiate C. reputation does not impact one's effectiveness in negotiation D. each skill includes various subsets of skills

D

Which of the following represents characteristics of good listening by a lawyer? A. minimizing distraction B. letting the client speak without interruption C. probing for details with follow-up questions that include a summary of what the client said, in terms of both facts and any feelings expressed by the client, and asking for verification D. all of the above

D

You are a lawyer and mediator for your local community mediation program. The program has adopted the 2005 Model Standards of Conduct of Mediators. You are mediating a dispute between an elderly woman and her children. The children want their mother to give them power of attorney, and she is refusing. In caucus, the children explain that they are concerned that their mother is beginning to show signs of dementia. You have seen no signs of this. In fact, you are quite impressed with their mother's capacity. In caucus, the mother talks with you about her children's interest in property that she recently inherited from her brother. She tells you that she has run into some problems with title to the property—and you suddenly realize that you represented the brother 20 years ago in his purchase of the property. Which of the following. is(are) relevant to this point? A. standard 1 - self-determination B. standard 3 - conflicts of interest C. standard 4 - competence D. a and b

D

You represent Anne, who was injured in a collision with a car driven by an employee of a major oversight shipping company hurrying to meet a drop-off deadline. Anne spent $10k on medical expenses, and her car was totaled in the collision. During the discovery process, you learn that the shipping company has unusually tight drop-off deadlines for drivers, and the accident rate for the company's drivers is ten times higher than the industry standard. The shipping company's insurer has offered a settlement of $45k, which you know Anne is likely to be willing to accept. However, you also know that Anne would be interested in keeping this sort of thing from happening to anyone else. Meanwhile, you think Anne's claim will be more valuable if you use it to pursue a class action against the shipper. What is (are) your ethical obligation(s)? A. tell the insurer that you will not convey the settlement offer to anne unless the insurer also agrees that it will recommend to the shipping company that it change its drop-off deadlines B. discuss with anne what you found during the discovery process and describe the option of pursuing a class action, including its advantages, disadvantages and your assessment of using it C. convey the settlement offer to anne D. b and c

D

How is Moore's categorization of interests into substantive, procedural, and psychological interests helpful? A. understanding differences between types of interests can help negotiators more fully understand interests underlying a position B. understanding nuances between types of interests can help better understand their negotiation counterpart C. understanding distinctions between types of interests can be informative as different interests emerge throughout the negotiation D. b and c E. all of the above

E

Which of the following are likely true statements regarding confidentiality in arbitration A. arbitration proceedings can be confidential, but statements made in arbitration generally are subject to discovery absent good cause for keeping them confidential B. arbitration proceedings can be private in that the parties may exclude third parties from observing them, including the media C. arbitration proceeds can be both private and confidential D. arbitration proceedings cannot be private nor confidential E. a and b

E

Which of the following can provide guidelines for attorneys' behavior when presenting a client in negotiation? A. rule 4.1(a) of the model rules of professional conduct B. opinion 06-439 of the ABA ethics committee C. jurisdictional precedent D. a and b only E. all of the above

E

Which of the following is true about first offers during negotiation? A. first offers can influence a negotiation's outcome B. first offers may convey information about the negotiator's priorities C. the party who moves first can have an advantage D. a and c E. all of the above

E

Which, if any, of the following would be preempted by the Federal Arbitration Act? A. a state law requiring clauses to appear in bold red lettering on the first page of the contract B. a state law invalidating the waiver of class actions in arbitration agreements if the waiver is unconscionable as a matter of state law C. a state supreme court decision interpreting state contract law to bar the enforcement of an arbitration provision in a payday loan contract that would be usurious under state law D. none of the above E. all of the above

E