If complying with an injunction costs the defendant more than it benefits the plaintiff and transaction costs between the parties are low, there is no possibility of them negotiating an efficient solution and no reason for them to try. True False
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If complying with an injunction costs the defendant more than it benefits the plaintiff and transaction costs between the parties are low, there is no possibility of them negotiating an efficient solution and no reason for them to try.
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- Which of the following situation does not apply to claims presented under uninsured motorist property damage coverage? Disputes must be settled by arbitration Damages for losses of use are covered The at fault driver must be licensed There must be actual physical contact with the uninsured vehicleTo maintain an insurance producer license, an insurance producer MUST do which of the following? Complete 15 hours of pre-licensing study requirements Provide the Director of Insurance proof of appointment by at least one insurance company Complete at least 24 hours of course study Provide the Director of Insurance proof that at least one half of the business previously written was controlled businessThe Life and Health Insurance Guaranty Association may NOT do which of the following? A). Take legal action as necessary to avoid payment of improper claims B). Revoke the license of an insolvent insurer C). Borrow money to carry out its purposes under the law D). Enter contracts to carry out its provisions under the law
- The goals of state and federal regulators can differ significantly. True False Legislative action can be used to alter agency procedures. True FalseAll proceedings designed to satisfy procedural due process requirements must provide notice and an opportunity to be heard and present evidence. True or False?Parker Plaintiff is in a hurry and stops by a convenience store for a drink. The store is out of her favorite brand of soda, so Parker decides to go elsewhere. Before Parker can leave, she is stopped by a store employee that accuses her of shoplifting. The employee escorts Parker to a small room in the back of the store and tells Parker that if she attempts to leave the room, she will be arrested and sent to jail. Parker waits for over an hour before the manager tells her that she is free to go. What advice would you give Parker? Discuss the possible tort claim Parker might have against the store. Be sure to include the elements of the tort and relate those elements to the scenario. If Parker decides to pursue a claim against the store, should she consider a lawsuit, mediation, or arbitration? explain why your choice is the best option.
- Arbitration is the oldest, but not the most popular, form of ADR. True or False?In a product liability claim based on strict liability, the plaintiff must show that the product was “defective” in some way. Describe four types of “defects” that could be the basis for a claim, and give an example of each.With a strict product liability claim, only the seller of the product is liable. True False
- Bubble Wrap Ca (BWC), an Atlanta corporation, has its principal place of business in New York John, a resident of Florida, falsely asserted on his website that BWC is engaged in ongoing criminal activity, scams, and phishing BWC sued John in the US. District Court for the District of New York, alleging defamation and injury to BWC's business in New York. John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed. The court granted the defendant's motion and dismissed the cane. What is the best reason? A. The court does not have in personam jurisdiction. B. The court does not have subject-matter jurisdiction C. There is no subject-matter jurisdiction nor in personam . . jurisdiction. D. The Statement do not amount to defamation.Many times, organizations will layer corporations by using holding companies that wholly own subsidiaries below them. This may be done for tax advantages, and also for (to): Group of answer choices multiple layers of liability protection pay more taxes ensure more liability exposure commit fraud with no recourse to the victimsA buyer who responded to a magazine advertisement regarding the purchased goods may be protected by all of the following except which one? Question 22 options: warranty of fitness for a particular purpose express warranty of good title warranty of merchantability limited warranty of remedies