BUL3320 CHAPTER 6 VERIFIED
STUDY QUESTIONS AND ANSWERS
In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing and will
collect 100 percent of his damages. In a criminal case the prosecutor must
prove his case beyond a reasonable doubt. Why is there such a significant
difference in the burden of proof between civil and criminal cases?
a. The burden is lower in a civil case because the plaintiff has to pay both
his own and the defendant's legal fees.
b. The burden is higher in a criminal case because we want to make sure
that we find more defendants guilty even if it risks putting innocent people
behind bars.
c. The burden is lower in a civil case because society wants to encourage
litigation; it is the best way to resolve disputes.
d. The burden is higher in a criminal case because the consequences that
the defendant faces are more severe. - ANSWER-The burden is higher in a
criminal case because the consequences that the defendant faces are more
severe.
Claudia and Patrick would like to dissolve their business partnership. They
are confident that they can work collaboratively on the terms of the
settlement, but they do not have much money to spend on the process and
are nervous about the prospect of the terms being decided by a third party
who is unfamiliar with them and their industry. Which of the following legal
processes is a good choice for them?
a. Arbitration
b. None of these options are a good choice for Claudia and Patrick.
c. Litigation
d. Mediation - ANSWER-Mediation
You and a partner in Turkey plan to open a store in Chicago selling rugs
imported from Turkey. You are wise enough to insist on a contract
establishing the rights and obligations of both parties and would prefer a
clause requiring alternative dispute resolution (ADR) of any conflicts that
arise under the contract. You want to be sensitive to your partner's culture
, and do not want to propose a clause that will alienate him. What is the best
way you can accomplish all of this?
a. Use a standard ADR clause that complies with American law.
b. Research Turkish customs and incorporate them into the clause.
c. Research Turkish law and hire a mediator familiar with Turkish customs.
d. Incorporate Turkish law into the clause. - ANSWER-Research Turkish law
and hire a mediator familiar with Turkish customs.
Large numbers of employees have signed mandatory arbitration agreements
in employment contracts. Courts usually uphold these clauses. Which of the
following is not an advantage of using arbitration in place of litigation?
a. The parties may be able to retain an ongoing relationship with the each
other once arbitration is completed.
b. The parties will save on legal bills.
c. Trials can be trying and cause stress.
d. The employees will lose their rights to a class action. - ANSWER-The
employees will lose their rights to a class action.
Eliza (female) has been working as an administrative assistant at Giant
Coalmine Corp. for two years. Recently, several of her male coworkers,
including some of the company's executives, have started sexually harassing
Eliza by engaging in unwanted sexual advances, abusive language, and
threatening behavior. Eliza has discussed this situation with her female
coworkers, several of whom have experienced a similar pattern of
inappropriate treatment. The women feel intimidated and worry about losing
their jobs if they complain. What can Eliza and her attorney do to strengthen
their case against Giant Coalmine?
a. File a class action lawsuit against Giant Coalmine.
b. Request a default judgment.
c. File a motion for summary judgment.
d. Mediate the dispute - ANSWER-File a class action lawsuit against Giant
Coalmine.
Prime Investments Corporation sues one of its executives, Stewart, for
embezzling client funds. At trial, Prime calls several of Stewart's colleagues
STUDY QUESTIONS AND ANSWERS
In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing and will
collect 100 percent of his damages. In a criminal case the prosecutor must
prove his case beyond a reasonable doubt. Why is there such a significant
difference in the burden of proof between civil and criminal cases?
a. The burden is lower in a civil case because the plaintiff has to pay both
his own and the defendant's legal fees.
b. The burden is higher in a criminal case because we want to make sure
that we find more defendants guilty even if it risks putting innocent people
behind bars.
c. The burden is lower in a civil case because society wants to encourage
litigation; it is the best way to resolve disputes.
d. The burden is higher in a criminal case because the consequences that
the defendant faces are more severe. - ANSWER-The burden is higher in a
criminal case because the consequences that the defendant faces are more
severe.
Claudia and Patrick would like to dissolve their business partnership. They
are confident that they can work collaboratively on the terms of the
settlement, but they do not have much money to spend on the process and
are nervous about the prospect of the terms being decided by a third party
who is unfamiliar with them and their industry. Which of the following legal
processes is a good choice for them?
a. Arbitration
b. None of these options are a good choice for Claudia and Patrick.
c. Litigation
d. Mediation - ANSWER-Mediation
You and a partner in Turkey plan to open a store in Chicago selling rugs
imported from Turkey. You are wise enough to insist on a contract
establishing the rights and obligations of both parties and would prefer a
clause requiring alternative dispute resolution (ADR) of any conflicts that
arise under the contract. You want to be sensitive to your partner's culture
, and do not want to propose a clause that will alienate him. What is the best
way you can accomplish all of this?
a. Use a standard ADR clause that complies with American law.
b. Research Turkish customs and incorporate them into the clause.
c. Research Turkish law and hire a mediator familiar with Turkish customs.
d. Incorporate Turkish law into the clause. - ANSWER-Research Turkish law
and hire a mediator familiar with Turkish customs.
Large numbers of employees have signed mandatory arbitration agreements
in employment contracts. Courts usually uphold these clauses. Which of the
following is not an advantage of using arbitration in place of litigation?
a. The parties may be able to retain an ongoing relationship with the each
other once arbitration is completed.
b. The parties will save on legal bills.
c. Trials can be trying and cause stress.
d. The employees will lose their rights to a class action. - ANSWER-The
employees will lose their rights to a class action.
Eliza (female) has been working as an administrative assistant at Giant
Coalmine Corp. for two years. Recently, several of her male coworkers,
including some of the company's executives, have started sexually harassing
Eliza by engaging in unwanted sexual advances, abusive language, and
threatening behavior. Eliza has discussed this situation with her female
coworkers, several of whom have experienced a similar pattern of
inappropriate treatment. The women feel intimidated and worry about losing
their jobs if they complain. What can Eliza and her attorney do to strengthen
their case against Giant Coalmine?
a. File a class action lawsuit against Giant Coalmine.
b. Request a default judgment.
c. File a motion for summary judgment.
d. Mediate the dispute - ANSWER-File a class action lawsuit against Giant
Coalmine.
Prime Investments Corporation sues one of its executives, Stewart, for
embezzling client funds. At trial, Prime calls several of Stewart's colleagues
