...criminal and civil. There are several differences between criminal Litigation and civicl litigation. For the criminal Litigation, theft, murder, etc., although most of these involve individual victims, but the harm are posted into the entire society and the country’s interes to or secuity will be effected, so that the criminal law is exected by the state prosecution. Criminal law involves punishing and rehabilitating offenders, and protecting society. If you are the victim of a crime, you report it to the police and they have the responsibility to investigate your case. In contrast, civil litigation, such as claims, contract disputes, is a matter of individual persons or groups (Limited or registered societies) of interest, therefore, the civil litigation is executed by the victim. Civil law is to provide a way for the injured party to seek for compersation. Some cases can involve civil and criminal simultaneously. Assault is the most common example. Victim is assaulted by the suspect, then report the case. Police will investigate the suspect, if there are enough evidence to prove that is true, police will make a charge to the suspect, after that, the case will be going to court for trial the defendant. On the other hand, the damage suffered by the injured cannot work, loss of much money for medication as well as physical and metal pain, victim can use a civil litigation to claim the compersation from the perpet vator. That is the differences between civil litigation and criminal...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...Traditional litigation and Alternative Dispute Resolution (ADR) have become very popular in the business world today. Many companies have ensued in ADR to resolve disputes. One of the reasons companies have used ADR is because it is more cost effective than traditional litigation. Traditional litigation is used when the company and petitioner cannot come to an agreement on a settlement. Traditional litigation system is a system where the civil court is involved with the dispute and a trial is required. “In the United States, traditional litigation system refers to the resolution of disputes by utilizing the civil court system. The system is based on an adversarial system of justice where attorneys’ are duty bound to zealously represent their clients within the bounds of the law and the Canons of Professional Responsibility. All court proceedings, from the commencement of an action up to and including a trial, are governed by the formal and detailed rules of civil procedure” (XXXXX). There are 2 main phases in filing a civil lawsuit using traditional litigation. The first phase is, to commence a court action. This process happens when the defendant of the case is formally served with paperwork from a local law enforcement agency. The second step in traditional litigation is a pre-trial hearing. In the pre-trial hearing a discovery has to be made. A discovery is court monitored and allows the parties involved to exchange documentation that is relevant to the lawsuit...
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...you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high. Selection of Arbitrator/Judge The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in the selection. The parties may have some say in whether a case is heard by a judge or a jury. Use of Attorneys Attorneys may represent the parties in an arbitration, but their role is limited; in civil litigation, attorneys spend much time gathering evidence, making motions, and presenting their cases; attorney costs in a litigation can be very high. Evidence Allowed The arbitration process has a limited...
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...we move further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our legal system have allowed for a notable shift away from the courts as the primary means of dispute resolution In the past, it has been largely up to the parties themselves to identify the issues in dispute, which would then be later adjudicated in an appropriate court. Many scholars have strongly advocated in favour of adopting pre action requirements,...
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...Traditional and Nontraditional Litigation Tina Posey University of Phoenix LAW531 June 21, 2012 David L. Wilson Traditional and Nontraditional Litigation People break laws, people do not agree, civil suits filed, and litigation begins. Litigation is closely identified with civil law or tort law and the bringing of lawsuits. Lawsuits are legally authorized controversies judged by a court of law, and when one individual sues another individual, they are engaging in litigation law. The purpose of a lawsuit is to remedy an injustice or to enforce a right (HG, 1995-2012). Litigation is a contest authorized by law, for the purpose of enforcing a right. Litigation is the process of bringing, maintaining, and defending a lawsuit (Cheeseman, 2010). Litigation usually involves representation by a lawyer, but a lawyer is not requried. The litigation begins by one person filing a lawsuit with the court. The process for litigation has steps the plaintiff and defendant must follow. The party who is suing begins by filing a complaint with the proper court. This party is known as the plaintiff. The plaintiff initiates the court proceedings, and the court issues a summons. A third party serves the summons and the complaint on the defendant to initiate the lawsuit. The defendant writes a written response to the complaint called an answer. The defendant files the answer with the court and served by a third party on the plaintiff (Cheeseman, 2010). In the defendants...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...become more conscious about their individual rights and litigation becomes an inevitable part of their life due to rising incidence of disputes among them. The problem is further compounded when there is lack of discipline in the litigation process an judicial mechanism finds it difficult to cope up with the enormous caseload. Particularly, in a modern technologically and economically well advanced society, litigation is a primary means of resolving disputes. When it fails to meet the need of the people there is oblivious need to search for new alternative methods of dispute resolution. It is in this context that the alternative modes of dispute resolution have gained primacy in the present millennium. Justice delivery institutions in most of the developing countries in the world are currently confronted with serious crises, mainly on account of delay in the resolution of the disputes particularly the delay in disposal of the commercial and other civil matters. We must admit that this situation has eroded public trust and public confidence in the justice delivery institutions. It obstructs economic growth, development and social justice to the citizens in a country. The crises therefore, call for an urgent solution. The cause for such backlog of cases is institutional and the delay in disposal of the cases, is due to procedural laws. Administrative institutions have failed to monitor the status, substance and pace of litigation in the courts. The beginning of the modern ADR movement...
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...state and from citizen to citizen. A jurisdiction gives courts the power to hear and decide the cases within their jurisdiction. There are 52 court systems in the United States, one for each state, a federal system and one for the District of Columbia. An example of jurisdiction is Personam, Rem and Subject Matter. A. Personam and Rem - Personam jurisdiction is decided upon the defendant’s location, residency and based on their activities. Rem jurisdiction is built around property inside the state. B. Subject Matter - Subject-matter...
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...Class Action Law Suits Allen R. Yates One of the most fascinating aspects of business law is the class action lawsuit. I find this intriguing because class action law suits are often litigated on the same principles as other types of civil action suits, however, the outcome of the class action lawsuit often may have a deep impact on our society, as well as our legal system as a whole. In a normal civil lawsuit, where the plaintiff is the victor, said plaintiff is typically well compensated for their respective damages. Thus it can be viewed that is how justice is served in these cases. In the class action lawsuit where the plaintiffs win, often the individual is not proportionately compensated for their damages as compared to the victor in the average civil suit. In fact there have been class action law suits that have been held in favor of the plaintiffs, damages have been rewarded by the courts, but the individual did not receive a cent of monetary compensation. Yet, in these cases, justice has still been adequately served on the basis of morality. . In this paper, we are going to take a look at class action lawsuits. This paper will cover the history of class action lawsuits, what exactly a class action law suit is, how a class action suit is filed, and we’ll take a look at some of the more famous and impacting class action lawsuits in our nation’s history. The history of most of the United States legal system is deeply rooted in the heart...
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...will remain the same (Monday-Friday, 08:00-17:00). Production employee Tom Arnold has filed a constructive discharge claim due to the new hours requiring him to work on a religious holy day, and quit pending the schedule change. This claim must be taken seriously as constructive discharge can result in litigations and can be rightfully covered under Title VII of the Civil Rights Act of 1964. This memo will depict how constructive discharge is relevant to this scenario, a protected category under Title VII of the Civil Rights Act of 1964 relevant to this scenario, recommend a company response with support, and recommend steps the company should take in order to avoid future litigations. As a legal concept, constructive discharge is fully relevant to this situation as it can be covered under Title VII of the Civil Rights Act of 1964 which specifically encompasses religious precedence. Constructive discharge can cover Mr. Arnold provided no reasonable accommodations were made in order to circumvent the situation. Happy Toy’s must fully understand the severity of these allegations, as well as the rights and preventative measures that will protect the firm from further litigations and legal expenses moving forward. According to the Equal Employment Opportunity Commission (2014), constructive discharge will have occurred for Mr. Arnold provided Happy Toy’s forced him to resign by creating a work environment so inhospitable and intolerable in which a reasonable person would not...
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...Bellevue, Florida 25515 Jim Knott Easy Construction 305 Hanford Ave Richland, Florida 25518 Dear Mr. Knott: I am writing this letter to assist you in understanding the initial process of your lawsuit up to the filing of the complaint with the court. Your lawsuit will be governed by the Florida Rules of Civil Procedure. The following information is the process that will be followed during our preparation for your case. Once all relevant information concerning the circumstances surrounding your case, the next step will be performing legal research. My paralegal, name , “will be spending a considerable time researching, preparing documents, interviewing clients, and consulting with the attorney on civil litigations matters” (Cheeseman & Goldman, 2008). A litigation file will be created to put all relevant the documents and recording regarding your case. With everything about your case in a litigation file will help all parties involved in your case easy access to all the information about your case (Hames, Kerley & Sukys, 2009). Once all information is gathered and verified complaint will be drafted. The complaint will consist of the caption of the case, which is the heading, title, inscription and the allegation. The lawsuit will start once I file the complaint with the court in the correct Jurisdiction. If you have any questions please do not hesitate to call me,...
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...Unit 2 Assignment There are different types of court cases from small claims to federal to criminal and civil cases. Each of these cases needs to be heard; disputed and or tried in the proper courts moreover venue requirement must also be met (Mallor, 02/2015, p. 29). Different courts have different types of jurisdiction or the power to adjunction cases and issue orders within the territory of which a court or government agency can properly exercise its power (definitions wex , Cornell Law School, n.d.) Some of the factors that determine where disputes are decided upon and possibly being disputed in other courts for example. A private dispute may be decided on in a federal court, if the parties are from different states or disputing larger...
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...Traditional and Nontraditional Litigation Systems Business Law/LAW 531 May 25, 2012 The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation is a time consuming and costly process. Alternative Dispute Resolution (ADR) is a response to the expenses of lawsuits and a popular means for resolve of cases prior to trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). The trial phase involves jury selection, opening statements, the Plaintiff’s case, the Defendant’s case, rebuttal, closing arguments, jury instructions, jury deliberation, and entry of judgment. The appeal phase can begin once the court enters a final judgment. A trial is a more formal and a more slow process, more costly for parties involved, and judgments are enforceable by the court system. Litigation can be very time consuming and expensive for the defendant and plaintiff. Alternative Dispute Resolution (ADR) offers a less formal and intimidating environment for the parties involved, a quicker method, and less expensive resolution for the organization. ADR...
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...Alternative Dispute Resolution The case of Fulcher vs, 24 Hour Fitness Tinisha Johnson Professor Shannon Allen Law 531 When a business is sued by a current or former employee, customer or other third party that business can either take that case to trial or try to solve the issue by going through an alternative dispute resolution process or ADR. By addressing grievances through ADR a business will be able to solve the matter in a mutual agreeable way that save money and time. Also it reduces the risk of negative public scrutiny or loss of public trust or reputation. Here I will discuss the case of Fulcher vs 24 Hour Fitness. I will discuss the difference between the processes of going to trail versus dealing with the issue through an ADR, the cost benefits of solving issues through ADR. I will also recommend an ADR that would best fit the situation 24 Hour Fitness is one of the most known largest fitness chains. The company is privately owned and currently has employees 18,000 employee within the US and Philippines. The company is currently based in San Ramon, California. In July of 2010 the company was sued for race and gender violations. The suit that was filed in the Alameda County Superior Court by Raoul Fulcher a former employee of the company. Fulcher alleges that the company engages in a practice of discrimination against its minority and female employees by denying them deserved promotions with the company. The case was filed in July 2010 and there has...
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