Worldwide Trucking Corporation files a suit in a state court against XL Service Company, and wins. XL appeals the court's decision, asserting that the evidence presented at trial to support Worldwide's claim was such that no reasonable jury could have found for the plaintiff. Therefore, argues XL, the appellate court should reverse the trial court's decision. May an appellate court ever reverse a trial court's findings with respect to questions of fact?
What will be an ideal response?
An appellate court will reverse a lower court's decision on the basis of the facts only when the finding is clearly erroneous (that is, when it is contrary to the evidence presented at trial) or when there is no evidence to support the finding. Appellate courts normally defer to a judge's decision with regard to the facts of a case, however, for a number of reasons. First, trial judges routinely sit as fact finders. As a result, they develop a particular expertise in determining what kind of evidence and testimony is reliable and what kind is not. Second, trial judges and juries have the opportunity to observe witnesses and tangible evidence first hand. The appellate court sees only a cold record of the trial court proceedings and therefore cannot make the kind of judgments about the credibility of witnesses and the persuasiveness of evidence that can be gleaned only from first-hand experience.
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For the United States, empirical studies indicate that over the past two decades the cost of international transportation relative to the value of U.S. imports has
a. increased. b. decreased. c. not changed. d. remained stagnant on presidential election years.
Which of the following is a characteristic of an inside sales force?
A) It travels to make sales calls on customers in the field. B) It receives administrative backup from outside sales forces. C) It cannot sell or service accounts directly. D) It eliminates the need to have an outside sales force. E) It conducts business from an office via telephone.
Discuss and exemplify how to formulate a thesis statement.
What will be an ideal response?
For most marketers, customer relationship management is exclusively a matter of customer data management
Indicate whether the statement is true or false