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.

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.

Ellen and James arbitrate their dispute, who is most likely to be selected as an arbitrator?

Group of answer choices

a federal judge

a neutral expert on investment issues

a partial expert on consumer affairs

a mediator

a conciliator

Fact Pattern 3-2

Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.

Refer to Fact Pattern 3-1. You are Amanda's attorney. To begin your lawsuit against Musclematic you must first:

Group of answer choices

file a for a hearing

file a complaint

file a reply

file an answer

file a counterclaim