...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 complaint has been filed within 180 days of the incident. State laws may extend the time to 300 days after the incident but only one agency can review the incident. Once John has filed the complaint with the EEOC, the employer will...
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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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...Respondents, |(Humboldt County | | |Super. Ct. No. DR091101) | |LINDA NICHOLSON et al., | | |Movants and Appellants. | | Linda Nicholson, Tom Adam, Jerome Davis, Barbara Davis, Silverio Fernandes, Sandra Fernandes, Rick Santos, and Rebecca Santos appeal from an order denying their motion to intervene in this litigation. They contend they established the requirements...
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...Process Paper As John is an employee in the private sector, if he wanted to file a discrimination complaint against his employer, there would be specific procedures that he would need to take to complete this process of filing a complaint, the civil litigation process and the steps that would need to be taken to file this complaint. In this situation, John would have to begin the civil litigation process by contacting the Equal Employment Opportunity Commission (EEOC). This is a commission that helps employers and employees proceed with their complaints when they filed and issued. John will have to file an administrative complaint with either the Federal EEOC or a State agency that the EEOC works with in prosecuting charges of discrimination. It is stated by the EEOC that any individual that feels that their employment rights have been violated can file a charge of discrimination (EEOC, 2006). A discrimination complaint can be filed if the person believes they have been discriminated against race, gender, color, religion, or national origin. The complaint would be in regards to hiring, firing, training, discipline, compensation, benefits or other terms and conditions of employment (EEOC, 2006). Once the official complaint has been filed the EEOC will first notify the employer who the complaint has been made against and they will be served with papers of the complaint. The employer will be notified within 10 days of the claim and at that time the employer will be informed...
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...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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...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, 1.800.432.9876 and we can sit up a time for a conference call or an in person meeting. Ms....
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...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...Stephanie Alfred University of Phoenix Bus Law 531 Peter Derouen Nov. 13,2011 In a traditional litigation system all dispute are resole in a civil court system. Traditional litigation system is based on an adversarial justice system which attorneys are obligated to represent their clients within a lawful and professional manner. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules that are formal. Many parties can choose to settle their dispute without going to court this is called alternative dispute resolution. This form of dispute is cheaper than the traditional litigation system going to court can be very expense. Even though these are two different types of litigation they are both forms of dispute resolution. Negotiation, mediation, conciliation, and arbitration are the four main forms of alternative dispute resolution. In mediation a third party is brought into assist the parties reach a compromising agreement. This neutral person is known as the mediator it is his responsibility to inform each party of their rights and help try to find a common ground in which each party will be satisfied. This person is also known as a facilitator. Conciliation on the other hand involves a third party in which they help to resolve a dispute between two parties. The conciliator does play a more important role than the mediator. Arbitration is a more formal dispute resolution because a third party...
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...State of Confusion BUS 415 Tanya Trucker, owner of a trucking company in the state of Denial, plans to file suit against the State of Confusion to challenge the State’s new statute requiring all trucks and towing trailers that use their highways to use a B-type truck hitch produced only in Confusion. Although Tanya’s business is located in Denial, she must use Confusion’s highways to conduct business. Tanya must incur additional business costs to comply with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the...
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...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 yet to be any resolution to the case. I believe that it is safe to assume that the case is still going through the pre-trial and trial process. This process can be a very lengthy and costly experience. According to the American College of Trial Lawyers today’s civil justice system takes too long and cost too much. (Merten, Howard, Pezzello, 2011). Litigation costs are higher in US than in...
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...Alternative Dispute Resolution Paper Stefanie James Law 531 Instructor: Tom Jones There are many disputes that happen is this world that can occur between family’s, friends, and businesses. Most people would think that these situations would be handled in court but going through the system takes time and can be expensive. Alternative Dispute Resolutions is a less cumbersome way to settle disputes without litigation. Some examples of the ADR form are arbitration, mediation, settlement and trial jury. Before the decision is made to handle a dispute, the cost and benefits need to be analyzed between which route to pursue, Alternative Dispute Resolution or the traditional litigation. In San Antonio, Texas Joshua and Steve were friends who decided to come together and start a business selling shoes. The first step they took was deciding which form of business they would pursue. After consulting with a business specialist they decided to commit to a partnership. A partnership is a form of business that has more than one owner that are in control of making all decisions. One negative aspect is the partners have unlimited liability and are fully at risk for obligations of the business. This means all the debt of the business is the debt of the partners (Mallor, 2013). The income of the partnership has to be filed on the partners individuals federal taxes because all income goes to partners whether or not it was actually distributed to them or not. The partnership...
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...happen simply because of the employee’s race, gender, nationality, religion, ace, disability, and even familial status (a pregnancy). Employees are protected under the Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC). Complaint Process John must begin the civil litigation process beginning with the Equal Employment Opportunity Commission (EEOC). The agency have put laws in place that governs the employers and employee procedures when a complaint is issued. The Equal Employment Opportunity Commission is the leading agency for handling issues of job discrimination and deals with most matters of employment discrimination under federal laws. (Bennett-Alexander, 2004, Retrieved October 12, 2015). The first step John should take is to decide whether or not he wants to take action (this is always the hardest step for an employee). Most of the time, workplace discrimination goes un-noticed and even un-mentioned. Once John has made the decision to take action by reporting the issue, he must file an official complaint with the EEOC. Once the official complaint is filed, the EEOC will take the case through the proper steps unless no solution is found. Equal Employment Opportunity Commission The EEOC has certain steps they must take when a complaint is filed. Taking each and every step in order to avoid a legal encounter is taken into consideration. The first step begins with notifying the employer who has been accused of...
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...Running head: CIVIL AND CRIMINAL CASES Civil and Criminal Cases Lawanda Hall Kaplan University PA 101: The Paralegal Professional David Bondanza There are many distinctions between civil and criminal cases. There are also many differences in the way these cases are handled. In order for us to understand them, we must first know and understand what they are. Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In a civil case the plaintiff can be an individual, corporation or government agency. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. A criminal case is intended to accomplish this by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate those (Goldman & Cheeseman). At the beginning of a federal criminal case, the main characters are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial. According to William Geldart, "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue...
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...Civil Litigation Process Litigation is the process of bringing, maintaining and defending a lawsuit. This process is very difficult, time-consuming, and costly. In addition, the entire process must comply with complex rules and regulations. The pretrial litigation process is divided into a pretrial and trial process. The pretrial litigation process can also be divided into several major steps. These steps include: pleadings, discovery, dismissals and pretrial judgments, and settlement conference. The entire process begins when a party brings a dispute against another party to a court system. The party bringing the dispute or compliant is the plaintiff. The party on the receiving end of the complaint or lawsuit is referred to as the defendant. The paperwork filed with the court to initiate and respond to a lawsuit is called the pleadings. Major parts of the pleadings include the complaint, the answer, the cross-complaint, and the reply. For the plaintiff to initiate a lawsuit, a complaint must be filed with the proper court system. The complaint is a document served to the defendant to initiate the lawsuit. This document must name the parties to the lawsuit, allege the ultimate facts and law violated, and contain a “prayer for relief” for a remedy to be awarded by the court. The length of the complaint will usually depend on the complexity of the case being heard. Once the process of filing a complaint is finished the court will issue a summons, a court order...
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...Access the "Litigation" section of the SEC's website at www.sec.gov/litigation.shtml. Click on "Accounting and Auditing Enforcement Releases." Click on "AAER-3234" filed January 20, 2011. Read the release and the related SEC Complaint. Summarize the release and complaint in 2-3 pages (12-point, double spaced). U. S Securities and Exchange Commission Litigation Release No. 21819/ January 20, 2011 Accounting and Auditing Release No. 3234/ January 20, 2011 Securities and Exchange Commission v. NutraCea et al., United States District of Arizona, Civil Action No. CV 11-0092-PHX-DGC Summary: This release explains how NutraCea, a company based out of Phoenix, Arizona that manufactures and sells health food products, was involved in a very dishonest accounting scheme. The SEC became aware and brought up charges on January 13, 2011. The SEC alleged that the accounting scheme occurred because the former CEO, CFO, Senior Vice President/Secretary, Controller, and Director of Financial Services all engaged in accounting fraud by overstating product sales revenues, recording false sales and recognizing false revenues to reflect a higher net worth in order to support the false Sales. All of this ultimately resulted in misstated financials that misrepresented the true operating results for NutraCea’s second and third quarter of fiscal year 2007 and the entire Fiscal Year 2007. Specifics on exactly how the fraud occurred in detail are as follows: NutraCea, its former CEO, Bradley D. Edison...
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