Explore BrainMass

Explore BrainMass

    Preston v. Ferrer, 128 S.Ct. 978 (2008)

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    Read the United States Supreme Court case of Preston v. Ferrer, 128 S.Ct. 978 (2008). The ruling is attached, which is located at http://www.law.cornell.edu/supct/html/06-1463.ZO.html.

    Answer the following questions about the case:
    What is the issue?
    What were the primary arguments made by the plaintiff and defendant?
    What rules of law did the court use when making its decision?
    What is the court's rationale for the ruling?
    Do you agree with the outcome of the case? Why or why not?

    © BrainMass Inc. brainmass.com October 2, 2020, 3:59 am ad1c9bdddf


    Solution Preview

    1) The issue is whether a contract dispute be subjected to arbitration in accordance with the arbitration clause, when an administration agency has exclusive jurisdiction over the disputed matter. The point is whether administrative remedies of the state should occur before arbitration or not.

    2) The primary argument made by the plaintiff Preston was that, since the contract had an arbitration clause, the dispute should first be submitted to arbitration. In addition, the provisions of the Federal Arbitration Act required that, if there was an arbitration ...

    Solution Summary

    Preston v. Ferrer is discussed step-by-step in this solution. The response also has the sources used.