Reference no: EM133193409
Question 1. What is a motion?
Question 2. Using the textbook, name two types of motions that might be filed in a jury trial litigation and describe what each motion would do, who would file it, and when during the process would it be filed.
Question 3. What is a class action suit? What is required before a court will allow a class action suit? What would a plaintiff have to show the Court before it can be certified as a class action law suit?
Question 4. Research and find one example of a class action suit and provide a one paragraph description of the class action.
Question 5. Research and locate an example of a mandatory arbitration clause. You can usually find these in collective bargaining agreements (union contracts) and in business contracts. Provide a citation of where you found the clause and copy/paste the actual clause into this assignment. Do not just describe the clause or provide definitions of the clause. Please copy and past the clause into the assignment.
Below is an article from the NY Times dated June 20, 2011. This is about a lawsuit against Walmart and which ended up in the U. S. Supreme Court.
Please read the article. In your initial post please address these questions:
Question 1. Who were the parties to the litigation?
Question 2. What type of special lawsuit were the plaintiffs trying to bring against Walmart?
Question 3. What was the lawsuit about and why was it brought as one of a special category of lawsuits?
Question 4. Why did the plaintiffs claim that they should be allowed to proceed with this lawsuit?
Question 5. What was the Supreme Courts' reason for denying the plaintiffs the right to proceed? What does that mean to the plaintiffs and how they can or should proceed now?
As you respond to other students consider the case itself. Did the plaintiffs have a good cause of action? Should they be allowed to continue with the suits as individuals? If so, why? If not, why not?
Would this have been a good case to submit to arbitration or mediation? Why did the plaintiffs chose a court proceeding instead of mediation or arbitration?