...THE INTERNATIONAL LEGAL ORDER Controversiae (disputes) is the first word in book I of Hugo Grotius’ foundational text De Jure Belli ac Pacis(The Law of War and Peace, 1625). Much modern scholarship in international law has followed this strand of Grotius’ thought in orienting the subject to the problem of managing disputes. Since the late nineteenth century, generations of leading scholar-practitioners have shaped a view of international law which emphasizes legal doctrines and materials related to disputes: the specific rules one party to a dispute may invoke against another, the sources (e.g. treaty, custom) to which an international court will look to identify international law rules, the general principles (e.g. acquiescence, abuse of rights) that international courts have borrowed from national legal systems to help deal with international cases, the foundational principles of international law (e.g. state responsibility) enunciated by courts, the precedential implications of a specific decision or a specific settlement agreement. This focus owes much to the sociological model of the successful international lawyer as it developed in the English and French traditions of international law over the past century: that of the academically respected practitioner, primarily the world–wise professor-counsel or the erudite lawyer–civil servant, whose career involved both scholarship and representing litigants in the management of disputes, and might eventually culminate in becoming...
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...Traditional Litigation System Comparisons and Contrasts With Nontraditional Forms of ADR Steven M. Merkes LAW, 531 September 25, 2012 Andrew Van Ness Traditional Litigation System Comparisons and Contrasts with Nontraditional Forms of ADR Law was intended and foreseen as a way to protect and prohibit people from against unwelcomed intervention from other people, organizations, and society. Law is also intended to stop people from participating or conducting themselves in objectionable actions. The United States legal system has a traditional litigation resolution form of law and a nontraditional judicial dispute resolution. The legal systems of traditional litigation resolution are suit, answer, discovery, trial, or jury. Nontraditional judicial dispute resolution or better known as alternative dispute resolution (ADR) forms are known as mediation, arbitration, negotiation, conciliation, and mini-trial. The paper will consider how the traditional court system and the nontraditional ADR alternatives compare and contrast within the U.S. legal system. Businesses are selecting alternative dispute resolution (ADR) methods over traditional legal methods because of more regularity conditions, time, and larger expenses. The traditional litigation legal system is heard in a court of law, and the outcome is determined as winner or loser. The traditional litigation time line is very drawn out. It requires initiating a lawsuit, filing a complaint, waiting for court...
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...essay I will compare and contrast the Traditional litigation system with the Nontraditional forms of ADR. First and foremost “Litigation is a legal process where parties argue their case against each other through the usage of discovery and court room procedures. Parties involved are called litigants. Each party assembles its argument supported by findings and facts. Parties exchange documents pursuing their interest. Litigation continues until the involved parties' find a resolution or trial conclude. In the event a resolution is not attainable, parties will move forward to trial seeking court judgment. On its part, the court usually extends the process of litigation through alternative dispute resolutions” (Habashy, 1995). I’m pretty sure the public is aware of the legal term litigation and its ramifications. Litigation’s can be very expensive at times, and emotionally and physically stressful. With litigation, you never know the outcome until the jury or judge decides. Alternative dispute resolution, has been gaining popularity as a method to resolve some of the shortcomings of litigation. The word litigation alone strikes fear into the business community. Litigation relates to a claim for damages decided by legal proceedings. Some litigation cases include defending the company when accused of misconduct. The litigation process involves discovery, trials, and judgments. “The litigation system has the authority to sermon the attorney to carry out more...
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...Traditional and Non-Traditional Litigation Linda T. Lopez UOP Professor Richard Rice Traditional and Non-Traditional Litigation Determining the ideal methodology for resolving a business dispute can be a challenge for business. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. As the number of court cases filed grows each year and the cost of litigation increases. More organizations are looking for efficient ways to settle business disputes. Many forms of traditional litigation exist in the legal system; the forms exist in the context of suit, answer, discovery, trial or jury. In addition a variety exist in the non-traditional Alternative Dispute Resolution (ADR) aspect of the legal system, the nontraditional or Alternative Dispute Resolution (ADR) aspect of the legal system forms exist in the context of as mediation, arbitration, conciliation, mini-trial, and negotiation. After reading this paper one will find a comparison and a contrast of the traditional litigation system with the non-traditional forms of Alternative Dispute Resolution (ADR). This paper will also examine the risks that businesses and other organizations encounter when dealing with traditional litigation and where might an ADR be a more appropriate measure in order for business managers to reduce those risks. Traditional litigation is the process of bringing, maintaining, and defending...
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...Litigation Alina Hovhannisyan LAW/531 April 16, 2012 Young Jenkins Traditional and Nontraditional Litigation In the United States there are two broad types of legal resolution: traditional litigation (judicial dispute resolution) and nontraditional forms of alternative dispute resolution (ADR) (Cheeseman, 2010). Most cases will never go to trial, so understanding alternative methods of dispute resolution is just as important as understanding the traditional litigation system. In this paper I will compare and contrast the traditional litigation with ADR identifying the risks different organizations encounter when dealing with traditional litigation. Additionally, I will determine where ADR might be a more appropriate measure to reduce those risks. Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). Before the trial, there is pretrial litigation, which consists of several phases (pleadings, discovery, dismissals, pretrial judgments, and settlement conference). Dealing with the court system the businesses and other organizations often encounter the risks of spending too much time and money as well as disruption of business operations. To avoid or reduce those risks the business managers use different forms of ADR in contract and commercial disputes (Erickson & Bowen, 2005/2006). “Arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee” are the forms of ADR (Cheeseman...
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...back and forth. COST-in the tribunal system cost are quite reasonable as fined can be divided into halves so that the defendant do not have to pay the whole sum of money. and sometimes one can always represent themselves without the aid of authorised officials. INFORMALITY-it is a bit different from law courts as in law courts wigs and gowns are worn but in this system judiciary dresses as normal everyday worker so it does not create an intimidating atmosphere for people without legal advisors. flexibility SPECIALISATION-tribunal members have all got a speciality in a specific subject area, and through sitting on tribunals are able to build up depth of knowledge of that area that judges in ordinary court could not hope to match. RELIEF WORK OVERLOAD FROM COURT-it reduces the number of cases sent to the main court as they deal with also important cases and the courts are not overloaded. AWARENESS OF POLICY-the tribunal members because of their expertise are likely to understand the policy behind legislation in their area, and often have large discretionary power in their to use. PRIVACY-members of the tribunal most times meets in privacy so that they do not broadcast individual circumstances in the general public. DISAVANTAGES OF THE TRIBUNAL LACK OF OPENESS-because tribunals members are met in private can sometimes creates doubt in their fairness of decision making. UNAVAILIBITY OF STATE FUND-legal funding in the tribunal system are only available for a small range...
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...Contenido STATURORY INTERPRETATION 1 LITERAL RULE 1 GOLDEN RULE 1 MISCHIEF RULE 2 PURPOSIVE APPROACH 2 ALTERNATIVES DISPUTE RESOLUTIONS 3 INTRODUCTION 3 ARBITRATION 3 CONCILIATION 4 MEDIATION 4 MINITRAIL 5 NEGOTIATION 5 Bibliography 6 STATURORY INTERPRETATION LITERAL RULE This rule explains every word as an ordinary dictionary meaning. The aim of the court is to find the Parliament intentions when a word is used. Taken from: www.school-portal.co.uk In Sam´s case the selling of fish and chips and soft drinks can be defined as an invitation to treat which means that there is an offer which can be accepted or rejected by the offeree. In the present case exist a group of similarities regarding the case of Fisher V Bell (1960) in which it was argued that display and knife was an invitation to treat. Taking into account the definitions and parameter of the literal rule Sam is not guilty or convicted of the offence; according to this rule, the literal meaning has to be followed to obtain a complete understanding of the case and the situation. GOLDEN RULE This rule is an improvement of the literal rule which let at words into the proper context of those who are solving the case. The golden rule requires that the meaning of the words used in the study of the case need to have only one meaning offering the simplest signification unless when they are not applied it can be produce a misunderstanding and inconvenience. In this situation...
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...court system within the U.S. and the jurisdiction of the federal courts, also alternatives to litigations. State court system includes Limited-Jurisdiction which may or may not be recorded into record and may be limited by subject and amount. General-Jurisdiction, which hears evidence, testimony and renders a decision. May have separate divisions that handle civil and criminal matters and recorded into record. Some states may have an Intermediate Appellate Court which hears appeals from lower level courts. No new evidence is introduced at this level. Then there is the court of last resort which is the Highest State Court also known in some states as the State Supreme Court. This court hears appeals from appellate courts at an intermediate level. Also have the final decision unless there is a conflict in constitutional or statuary rights. Even though all states have a federal court system; most legal disputes can be handled in state courts for example: probates and wills, small claims, divorce, child custody, etc. Federal Court System includes the following: Special Federal Court which includes courts that have specialized or limited jurisdiction such as Tax court, Claims court, Court of International Trade, and Bankruptcy courts. U.S. District Courts which is the trial court and has 96 districts with at least one in every state. U.S. Courts of Appeals which are the intermediate appellate courts. U.S. Supreme Court which is the highest court of the federal court system. Jurisdictions...
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...constitutional liberty to a speedy trial, and providing an incentive for the plaintiffs to file a report promptly after a crime has been committed. When two civilians are involved in legal embroilments, it is vital to conserve both of their rights and maintain a civilized, brisk trial. The Statute of Limitations places a proportionate weight on both participants of the legal proceedings by encouraging them to be aware of the time-ticking quality of evidence and witnesses, which further aids the judicial system in solving these cases with ease and clarity. The deadlines on legal action influence the victim of a crime to take immediate action against the perpetrator, thus allowing for a more prompt discovery of fresh evidence as well as more descriptive witness testimonies. Such a form of encouragement also acts as a preventative measure against the plaintiffs/defendants compiling false evidence for their case years later, or asserting stale claims (Addison v. State of California). By motivating the complainants to take legal action as soon as possible,it eliminates the possibility of malicious conspiring after-the-fact. Consequently, this establishes a national...
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...project. Management weighed all options and without an increase in revenue, decided to pull the plug on the project. In doing so, a reduction in the workforce was imminent. This would mean layoffs for three out of five employees. Of the five, two will be absorbed into the company. The metrics for the layoffs are based on new job definitions, skill sets, accountability, past performance, and productivity. Potential Conflict Identifications As a senior manager in human resources (HR) reporting to the vice president of HR, and given one-week to decide which employees to let go. For the company’s protection, a meeting with legal counsel before any employment discharge decisions can be made is a policy of FastServe Inc. Out of this meeting, three employees, Sarah Boyd, Jenny Mills and Brian Carter were given notice. A chart listing the possible legal concerns based on the firing of these employees is available. One employee under contract, Brian Carter with an average performance track record, and who developed the ‘3D mannequins’ was one of the first to be let go. His colleagues and supervisor described Brian’s skills in writing codes as slow. His attitude toward his coworkers...
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...and the management of legal resources and services at all levels of the organization. They should work for the legal benefit of the company and their employees looking for the best and better ways to resolve their internal and also external conflicts. “The bringing, maintaining, and defense of a lawsuit are generally referred to as the litigation process or litigation (Cheeseman, 2010, p. 35)”. Traditional are suit, answer, discovery, trial, and jury. Business organizations have at their disposal traditional and non-traditional forms of dispute resolution to remedy causes of action in settling litigation processes. A variety of traditional and non-traditional litigations forms exists according to the context of the case involves a plaintiff, a defendant, a judge, and sometimes a jury. Litigation is a conflict of interest or rights between two or more parts, which elucidate in judicial proceedings where there is a claim for damages or managerial irregularities and the opposition. Its use is more extensive in legal disputes of a civil, commercial or administrative nature and not so much in criminal trials. Litigation is a difficult, expensive and time consuming traditional process of incorporate, continue, and defend a lawsuit (Cheeseman, 2010). Occasionally, the dispute can result in a judicial process to settle, although it is not always necessary. Judicial dispute resolutions or law suits are traditional litigation methods that require many legal steps that are expensive...
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...1975 (Cth) aims to provide the means by which to reach a ‘just and equitable’ financial outcome. Despite this clearly identified aim set out by the legislation, the Family Law Act has to a certain extent been unsuccessful in achieving this objective, because of its failure to acknowledge the consequences of the sexual division of labour in contemporary society. By reference to the works of various socio-legal scholars and the relevant provisions of the Family Law Act/Marriage Act, this essay will explore the aforementioned failure of the family law in Australia...
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...Running head: ADR CLAUSE ADR Clause for Learning Team Charter University of Phoenix Alternative Dispute Resolution (ADR) is a way of solving disagreements between two parties without using the court system. There are two major disadvantages of solving problems through litigation, one is it's very expensive and second it can take years before a decision is reached. The most popular ADR method is arbitration, other methods include mediation, mediation arbitration, mini trial, rent-a-judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2008). Arbitration is the most popular ADR, however, it can take as much effort and money as litigation. Asurvey of lawyers revealed 88 percent favorite ADR mediation (Jennings, 2008). Mediation is the best ADR method to use in a learning team setting. It solves conflicts between people and allows them interact. Under mediation, when people can't resolve their differences, a neutral mediator listens to both sides and tries to get the parties to agree on a solution. ADR Clause for Learning Team Charter will provide conflicts that can't be resolved within a 24 hour time period will cause the ADR to resolve the conflict. The conflict must be regarding a member not following the rules and regulations written in the learning team charter. When there is a problem or disagreement within the team, members agree to solve the problem through mediation. The mediator will be a neutral person selected by the remaining...
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...other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business relationships, and expensive legal fees. The legal risks, principles, and opportunities present as well as alternatives for solving disputes related to this contract will be discussed. In addition, the most effective alternative to prevent future contract mismanagement will be identified. Legal risks, principles, and opportunities The issues that arise from substantial performance...
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...other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business relationships, and expensive legal fees. The legal risks, principles, and opportunities present as well as alternatives for solving disputes related to this contract will be discussed. In addition, the most effective alternative to prevent future contract mismanagement will be identified. Legal risks, principles, and opportunities The issues that arise from substantial performance...
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