Exam 4: Dispute Resolution

To a business that has become the target of litigation,contingency fees can result in more litigation by improving accessibility to the legal system for claimants who might otherwise lack the resources to sue.

A controversial development has been the awarding of legal costs against unsuccessful plaintiffs involved in class action suits.

Which of the following identifies the burden of proof required to be satisfied in a civil lawsuit?

Upon learning that a problem with a faulty computer system design caused a customer's business to be disrupted,the risk manager should check the applicable supply contract to determine the extent of its liability.

In which of the following scenarios would personal income and assets consisting of land,houses,and vehicles be at risk?

What is the role of common law and statue law with regard to the litigation of a commercial dispute?

Because the numerous disputes that arise in the operation of a business are all of equal importance,managers are not required to waste precious time prioritizing disputes or determining when legal advice is required.

How does a person who wins a case in civil court actually collect on the judgment? What limitations are there on his/her ability to collect?

Sian has been named in a law suit alleging a large balance owed on an automobile lease.Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement.Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down.If Sian wants to avoid default judgment and recover her losses,how should she proceed?

One of the factors influencing whether negotiations to remedy a dispute will succeed is the effectiveness of the parties involved in the negotiations.

Negotiating teams from two small companies reached a mutually agreeable compromise to settle a contractual dispute.The parties shook hands and parted company with feelings of relief.Which of the following likely had the greatest motivating influence on the disputing parties to achieve a remedy through this form of dispute resolution?

It would be very rare to find a significant commercial contract,whether international or domestic,that would contain an arbitration clause in it.

There is a short-term concern that widespread use of ADR will result in diminished openness and accountability of the legal system.

According to the rules provided for under the Arbitration Act,an arbitrator's binding decision may be referred for appeal before a judge presiding in a superior court.

In addition to an employee's contract,a company's policy manuals,established company rules,and the relevant job description should specify an employee's authority and the consequences of exceeding that authority.

A mediator attempting to negotiate a resolution to a commercial dispute has conceded that she is unable to move the dispute through the mediation process.Which of the following would the mediator most likely attribute as the main factor contributing to the failed mediation?

It is considered unwise to undertake litigation without having an appreciation of its potentially adverse consequences.

The legal foundation and outcome of a litigation claim are governed exclusively by the legal rules contained in relevant common law.

Which of the following characterizes a required element in circumstances where ADR has been chosen as the preferred method of resolving a dispute between commercial entities?

Which of the following will be applied to determine how a disputed commercial claim will proceed through the civil justice system?