Business Law Practice Quizzes ch 2 BBG231.docx

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Business Law Practice Quizzes Chapter 2 Dispute Settlement 1. What are the main differences between a trial and an appellate court? 2. Describe two types of discovery. 3. Explain the difference between the judge’s role in the adversary system and the role in a code system common in Europe. 4. Explain the difference between mediation and arbitration. 5. What is the plaintiff’s burden of proof in a civil case? Who decides whether the plaintiff has met this burden? 6. Wong signed a cell phone contract with T-Mobile. It contained an arbitration clause and a waiver of class action suits. He later filed a class action suit against T-Mobile alleging that the company overcharged for services in violation of the Michigan Consumer Protection Act. Wong’s damages were $19.74. However, when other T-Mobile users are included, the alleged amount that was improperly collected could be millions. T-Mobile asked the court to compel arbitration and not allow a class action because of the contract clause. Must Wong arbitrate his claim and thus be barred from bringing a class action? 7. Connie, a resident of Michigan, was visiting her grandmother in California. While dining at a restaurant, a light fixture fell and severely cut Connie’s arm. Connie required surgery and several months of physical therapy before she was able to use her arm properly, and she still has residual damage. She sues the restaurant, asking for $500,000 to reimburse medical expenses, lost wages, and the permanent damage, and $500,000 for pain and suffering. Where can the lawsuit be heard, and why? After you have studied this chapter, you should be able to: 1. Describe the various ways to settle disputes. 2. Define jurisdiction and explain the jurisdictional limits of small claims, trial, and appellate courts. 3. Explain why all cases can’t be appealed all the way to the Supreme Court. 4. Explain the advantages and disadvantages of the adversary system. 5. Identify the different stages of a lawsuit. 6. Discuss how an appeal works and why most appeals fail. Chapter 2 Dispute Settlement Quiz 7 T/F 8 Multiple Choice 1 In a criminal trial, the defendant bears the burden of proof. A) True B) False 2 Parties are free to choose their own mediator.
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