Question

1. what is the burden of proof in a civil trial?

a. beyond a reasonable doubt
b. preponderance of the evidence
c without a doubt
d. reasonable suspicion

2. a____ is a less serious criminal offense than a/an________

a. misdemeanor; infraction
b. felony; misdemeanor
c. misdemeanor, felony
d. felony, infraction

3. some companies have shortened their lengthy codes into a few general provisions called a

a. statement of value
b. corporate credo
c.professional code of ethics
d. compliance program

4.violations of the law are different from violations of social customs in what way?

a. violations of the law carry government enforced penalities
b. violations of the law result in embarrassment
c violation of the law carry negative social consequences
d. violations of the law may carry negative professional consequences

5. ADR is often considered attractive to parties to a dispute in comparison to litigation for all of the following reasons EXPECT

a. the process of ADR is not public
b. ADR generally takes less time than litigation
c.ADR generally costs less than litigation
d.the secision reached in ADR are binding

Answer 1

1. The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail on their calm. It has two components. First, the plaintiff must satisfy the burden of production, which has also been referred to as the burden to going forward. This burden requires the plaintiff to put forth evidence in the forms of witness testimony, documents or objects. After the plaintiff presents his or her case- in- chief, the burden of production shifts to the defendant, who has then the Opportunity to provide evidence either rebutting the plaintiff's evidence or supporting the defendant's own arguments.

Preponderance of evidence - is the second. This determines which standard of proof the plaintiff must follow in presenting evidence to the judge or jury. In most civil cases, the burden of persuasion that applies is called "a preponderance of the evidence."

Therefore the correct answer is "Preponderance of evidence"

2. Offense Classification

Criminal statutes in every state have multiple categories of criminal offenses, which often include felonies, misdemeanors and infractions.

• Felonies - The most serious criminal offenses, such as those that cause or threaten serious bodily injury to a person, or that cause a person's death, are categorized as felonies.
• Misdemeanors - are offenses are less serious than felonies but typically still punishable by up to one year in jail, a fine in the range of hundreds or thousands of dollars, and other court, ordered conditions.
• Infractions - Offenses that might be punishable by a fine, but not jail time, are often known as infractions

Therefore, the correct answer is misdemeanors are less serious criminal offenses than felonies.

3. a. Statement of value - are declarations about how the organization wants to value their customers, suppliers and be valued within their own internal community. These value statements explicitly define how people will behave with each other in the organization.

b. Corporate credo outlines the company's understanding and acceptance of its Responsibilities towards its stakeholders, people and the planet.

c. Professional code of ethics outlines the ethical principles that govern decisions and behavior at a company or organization. They give general outlines of how employees should behave, as well as specific guidance for handling issues like harassment, safety and conflicts of interest.

d. A compliance program is a set of internal policies and procedures of a company to comply with laws, rules, and regulations or to upload business reputation.

The corporate credo will be different for different companies but the professional code of ethics makes a standard that should be maintained and followed by all who belongs to a particular profession.

Therefore, corporate credo is the correct answer.

4. Laws are systems of rules which a particular country or community recognizes as regulating the actions its members and which it may enforce by the imposition of penalties.

Social norms tells us what we are supposed to do in any given situation. Breaking norms can result in a formal punishment, such as being fined or imprisoned, or an informal punishment, such as being stared at or shunned by others.

Violations of the law carry all the above punishments plus negative professional consequences which the social norms doesn't affect.

5. a. ADR is the procedure for settling disputes without litigation, such as arbitration, mediation or negotiation. Therefore it is not public

b. Normally, court cases take longer time to get to trial than cases during arbitration.

c. ADR is significantly less expensive than litigation.

d. The mediator has no decision making power in arbitration. The dispute will be resolved on the terms of the customer and the company decision and isn't legally binding until the person assign legal agreement.

Therefore, the session reached are not binding.