Question
Which of these statements is an advantage of using the courts instead of alternative disputeresolution? the dispute can be kept private using the courts is
- Which of these statements is an advantage of using the courts instead of alternative disputeresolution?
the dispute can be kept private | ||
using the courts is usually quicker than using alternative dispute resolution. | ||
utilizing precedents that bind to determine disputes | ||
using an expert in a particular field to make a decision for the parties |
1Distinguish between libel and slander. What is meant by "privilege" in the context of defamation? In order to be awarded damages, what must a plaintiff prove or demonstrate?
2.Alternative Dispute Resolution or ADR may take different forms. One form is _______ where the parties agree to be bound by the decision. Another form __________ is which utilizes a neutral third party to help parties reach a settlement.
3.Which of these statements about the tort of defamation isINCORRECT?
The type of publication required for a defamation lawsuit is limited to television or radiobroadcasts, or an item in a newspaper of broad circulation. | ||
A defamation lawsuit is available if the publication is through social media. | ||
Employers could also be liable for defamation if an employee uses a company device to publish an untrue statement that damages theplaintiff's reputation. | ||
The justification defence is available to a defendant if a statement made about the plaintiff is true. | ||
A plaintiff can only sue for untrue comments that have been published. |
4.What is the difference between intentional torts andunintentional(negligence)torts?
Intentional torts must have proof of actual damages tosucceed, whereas negligence torts do not. | ||
Both requirefault, but intentional torts require proof of willful action. | ||
Fault is required for both, but a bad motive is required for negligence actions. | ||
Both can result in alawsuit, but only intentional torts should concern business people | ||
5.Which of the following scenarios is most likely to lead to a successful lawsuit for falseimprisonment?
Samantha was asked to return to the security office at the Fairmont Shopping Centre because two guards believed she had been shoplifting. She was kept in the tiny office until police arrived, conducted a search, found nothing, and released her. | ||
Jose was trapped under a pile of rubble when the ceiling of his apartment collapsed due to a combination of heavy rains and shoddy workmanship. | ||
Denise was trapped for half an hour in the elevator in the office tower where she works when a power failure caused by a severe thunderstorm knocked out electrical service across the city. | ||
Bertha was stuck forty feet in the air in a gondola at a local ski resort for twenty minutes in freezing temperatures. Staff had stopped the gondola because another skier had fallen at the head of the loadingline, suffering a back injury. The gondola was held up until medical personnel could safely move the injured skie |
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