Which of the Following Was the Result on Appeal in Merisier

question 74

Multiple Choice

Which of the following was the result on appeal in Merisier v. Bank of America, the case in the text in which the plaintiff sued challenging the bank's determination that based on her involvement, she was not entitled to funds obtained through alleged fraudulent use of her debit card?

• A) On the basis that it was not clearly erroneous, the court on appeal upheld the lower court's decision in favor of the bank.
• B) Although recognizing that no deference was due the trial court's decision in favor of the defending bank, the appellate court ruled in favor of the defending bank based on its own review of the facts.
• C) The appellate court ruled in favor of the defending bank on the basis that because the plaintiff's PIN number was used, she had no right to recover for alleged fraudulent transactions.
• D) The appellate court ruled in favor of the plaintiff because the decision of the lower court in favor of the defending bank was clearly erroneous.
• E) Recognizing that no deference was due the trial court's decision in favor of the defending bank, the appellate court ruled in favor of the plaintiff because the preponderance of the evidence was in her favor.

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Definitions:

Circular Reasoning

Circular reasoning is a logical fallacy where the conclusion of an argument is assumed in one of the premises, offering no actual proof.

Alcoholic

A person who suffers from alcoholism, a chronic disease characterized by uncontrolled drinking and preoccupation with alcohol.

Inductive

A logical process in which multiple premises, all believed true or found true most of the time, are combined to obtain a specific conclusion.

Deductive

Deductive reasoning involves drawing specific conclusions from a general statement or principle, often used in logical argumentation and mathematical proofs.