...Traditional Vs. Nontraditional Litigation Nirali Patel LAW 531 March 26, 2012 Robert Reimer Traditional Vs. Nontraditional Litigation According to Cheeseman (2010), “Litigation is a process of bringing, maintaining and defending a lawsuit.” The litigation process involves resolving disputes in the court by taking an argumentative approach to prove the point. The litigation process has different phases – pleading, discovery, dismissals, pretrial judgments, settlements conference. In the litigation process the court decided the case in which one party wins over the other or the case or dispute is dismissed. Many times the cases do not go to trial because the parties may decide to use Alternate Dispute Resolution (ADR). According to Cheeseman, (2010), “ADR are methods of resolving disputes other than litigation.” ADR methods include arbitration, negotiation, mediation, conciliation, mini-trial, and fact-finding. The discussion in this paper will compare and contrast between the traditional and nontraditional litigation. The process of traditional litigation starts by pleading in which a complaint is filed in the court by the plaintiff. The defendant is served with a summons and the copy of the complaint. The defendant is given a certain period to answer to the complaints filed by the plaintiff. The defendant can also file a counter compliant if he or she decides to countersue...
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...Running head: Traditional VS Non Traditional Litigation Traditional vs. Nontraditional Litigation Majid Clark University of phoenix Business Law 531 JOAN SCHILLER TRAVIS, J.D. July 27, 2011 Traditional vs. Nontraditional Litigation The process of bringing, maintaining, and defending a lawsuit is called litigation. The word litigation usually strikes fear into the hearts of the business community. Litigation relates to a claim for damages decided by legal proceedings. Most litigation cases involve defending the company when accused of wrongdoing. The litigation process includes discovery, trials, and judgments. Litigation cases involve a lawyer to be employed by the business just for litigation purposes. Possessing a lawyer that is knowledgeable with employment or breach of contract issues will help the business make the appropriate decision when dealing with the litigation process. Because of the lengthy process and financial setbacks in which litigation can have business will avoid courtroom battles because the benefits always outweigh the cost. Business are tuning to a process called Alternative Dispute Resolution (ADR). This resource has become a valuable tool when two parties are trying to find an agreeable solution. In the workforce, this process helps solve issues that arise within companies daily operations. Alternative Dispute resolution will be company’s resources when trying to save money in a potential litigation case. Arbitration is another...
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...Traditional Litigation versus Alternative Dispute Resolutions Carla deRomano Bus. Law 531 October 3, 2011 Professor Gray Traditional Litigation vs. Alternative Dispute Resolutions Traditional litigation is the process of resolving disputes in the civil court system which is based on the adversarial approach a head-to-head battle in which one individual wins and the other individual loses. However now more commonly found in many cases is the utilization of Alternative Dispute Resolutions, also known as ADR. This discussion will briefly compare and contrast the traditional litigation with the nontraditional forms of ADR. Traditional litigation requires that a complaint be filed with the court, and then the plaintiff has a time period in which to respond to the complaint. This is usually followed by a pre-trial and then a trial in which each party is allowed to present their side of the case and either a jury or judge reaches a final decision as to the outcome of these proceedings. With this form of litigation there can be a high amount of time and costs involved for each of the parties concerned as well as the stress and emotional upheaval that can result during this process. Alternative dispute resolution can be much more efficient and less expensive than these traditional for of litigation. (Barron, 2011). Alternative dispute resolution can be achieved by utilizing a number of different approaches. Some of these approaches may include negotiation, mediation...
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...Traditional and Nontraditional Litigation Systems Candace Gilliom Business Law/LAW 531 December 3, 2012 Professor Tom Reardon The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation something that can be lengthy and time consuming. Alternative Dispute Resolution or ADR is something that was thought of to reduce the need for lawyers and also as a way to solve problems before a 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). Trials usually consist of selecting a jury, the lawyers making their cases, closing the case and waiting for the jury to make a decision. This process can take months to years making it time consuming and expensive. Alternative Dispute Resolution (ADR) offers a quicker and less expensive method of resolution for the organization. ADR lets a third party negotiate and come up with a resolution prior to a trial or in place of a trial. ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree...
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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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...Finance Research Group School of Economics Universiti Kebangsaan Malaysia, Malaysia ABSTRACT. In recent years, commercial banking worldwide has experienced a significant decline in its traditional business of accepting deposits and offering loans. Simultaneously, banks have become more involved in nontraditional activities that provide financial services and generate fee income. As a result, income from nontraditional activities has risen relative to income from traditional activities. This article presents an empirical investigation of Islamic banks’ involvement in various fee income activities. Our theoretical hypotheses relate the level of fee income activities at an individual bank to asset size, profitability, core deposits, capital risk as well as credit risk. These hypotheses are tested empirically using bank-specific information from a panel of Malaysian Islamic commercial banks for the years 1994 to 2004. The results imply that banks with higher levels of fee-generating activities tend to have higher assets and core deposits as well as exhibit less risk. These findings show that banks involved in nontraditional activities have more diverse sources of funds and greater access to financial markets, which reduces risk. Since the findings suggest that banks with a greater involvement in nontraditional activities must resort to alternative sources of funds to finance their...
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...factors influencing juvenile delinquency are the family structure that a child is exposed to (Apel & Kaukinen, 2008; Price & Kunz, 2003) and the relationships adolescents have with parents (Leiber, Mack, & Featherstone, 2009; Petts, 2009). As with patterns of juvenile delinquency, family structure in the United States has also changed dramatically over the last century, becoming very diverse in today’s society (Kierkus, Johnson, & Hewitt, 2010). Adolescents of all ages are living in many various types of homes, such as with single, married, and cohabiting parents. The families that children grow up in and the social environment in which they live can have major effects on their well-being (Wallman, 2010). In general, children living in nontraditional households are at a greater risk for a wide variety of negative outcomes including involvement in delinquency (Price & Kunz, 2003) compared to those from married households (Demuth & Brown, 2004). Children in different family structures also experience many forms of monitoring, supervision, involvement, and attachment they receive from their parents (Hoeve, 2009). These factors may also play a role in determining why adolescents turn to juvenile delinquency (Parks, 2013). From the mid-1920s through the 1960s, the husband-and-wife team of Sheldon and Eleanor Glueck conducted research on crime and delinquency at Harvard University. Sheldon and Eleanor Glueck wanted people to know that delinquent behaviors do not only finds in adults...
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...well as selection, training, career, and organizational development initiatives within an organization. The goal of HRM is to maximize the productivity of an organization by optimizing the effectiveness of its employees while simultaneously improving the work life of employees and treating employees as valuable resources. Consequently, HRM encompasses efforts to promote personal development, employee satisfaction, and compliance with employment-related laws (Walker, 1998). The main objective of Human Resources is to maximize the return on investment from the organization’s human capital. According to Schwind Das & Wagner, “Human resource management aims to improve the productive contribution of individuals while simultaneously attempting to attain other societal and individual employee objectives” (2007). HRM is also the new frontier in developing competitive advantages. “…[F]irms can develop sustained competitive advantage only by creating value in a way that is rare and difficult for competitors to imitate. Although traditional sources of competitive advantage such as natural resources, technology, economies of scale, and so forth, create value, the resource-based argument is that these sources are increasingly easy to imitate, especially in comparison to a complex social structure such as an employment system. If that is so, human resource strategies may be an especially important source of sustained competitive advantage” (Becker, and Gerhart 779-801). Human Resources can...
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...The Controversy of Same-Sex Marriage Same-sex marriage has been a controversial social issue in the U.S. for several decades, but public opinion on this topic seems to be evolving. For example, an annual poll by Gallup has been tracking the question of whether or not same-sex marriages should be legal since 1968, and the percentage of favorable responses has increased from 27 percent to 53 percent during this time frame. Although this certainly is not a huge majority, it does indicate that the support for same-sex marriage within the U.S. is likely to become increasingly widespread over the next couple of decades. However, there are still several religious and political groups who are opposed to the idea of same-sex marriage. This opposition is typically based on the belief that homosexuality is a sin, but the separation of church and state is supposed to make this viewpoint legally irrelevant. The Current Status of Same-Sex Marriage Same-sex marriage is legal in nine states, Washington, D.C. and two Native American tribes. There are also several other states that are considering making same-sex marriage legal, and Illinois is poised to become the next state to take this step. In addition to which, the U.S. Supreme Court is getting ready to hear arguments in a case that will determine whether or not California’s same-sex marriage ban is unconstitutional. President Barack Obama declared his support of same-sex marriage in May 2012, and some people believe that this has had...
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...Estée Lauder – 2008 Forest David: Francis Marion University A. Case Abstract Estée Lauder (www.elcompanies.com) is a comprehensive business policy and strategic management case that includes the company’s fiscal year-end June 2007 financial statements, competitor information and more. The case time setting is the year 2008. Sufficient internal and external data are provided to enable students to evaluate current strategies and recommend a three-year strategic plan for the company. Headquartered in New York City, Estée Lauder’s common stock is publicly traded on the New York Stock Exchange under the ticker symbol EL. Estée Lauder produces a diverse line of shampoo, perfumes, lip gloss and other skin care products. A small sampling of the brand names marketed by Estée Lauder include: Estée Lauder, Clinique, American Beauty, and Flirt. The products are sold through various distribution channels, including specialty stores, department stores, pharmacies, the and Web. Estée Lauder operates in the Americas, Europe, Middle East, Asia, and Africa. The company has over 28,000 employees and is led by CEO William Lauder whose base pay was over $3.5M in 2007. The firm’s two major competitors are conglomerate giant Procter & Gamble and L’Oreal. B. Vision Statement (proposed) Estée Lauder is committed to its name being synonymous with the best quality skin care products in the world. C. Mission Statement (actual) Bringing the...
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...Chapter 4 Franchising and the Entrepreneur Introduction Franchising is an important part of American business and this powerful distribution and marketing system is also influencing the global economy. Franchising can be traced to Civil War times, when Isaac M. Singer devised a more efficient, less expensive way to sell his Singer sewing machines through franchised outlets. Retail outlets dominate franchising, but increasing demand for consumer and business services is producing a boom among service-oriented franchises. The Franchising Boom! Franchising has experienced exponential growth rates in the United States and abroad and its growth in recent years is phenomenal. Franchising is a major reason for U.S. business growth and dominates industries such as lodging, real estate brokerage, quick-serve restaurants and convenience stores and is become increasing poplar in other industries Global Franchising Franchises account for more than 50 percent of all retail sales, totaling more than $1.4 trillion. More than half of U.S.-based franchise companies support international operations and 30 percent of their franchise units are located on foreign countries. The markets to watch include Europe and Pacific Rim countries. WHAT IS A FRANCHISE? Franchising - Defined Franchising describes a semi-independent business owners that pay fees and royalties to a parent company in exchange for the right to sell its product and services under the franchiseer’s trade name and often...
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...Journal of Economic Perspectives—Volume 21, Number 3—Summer 2007—Pages 177–198 The Causes and Consequences of Wal-Mart’s Growth Emek Basker W al-Mart plays a large and ever-growing role in the U.S. economy. As of January 31, 2007, Wal-Mart operated more than 3,400 U.S. Wal-Mart stores along with more than 550 Sam’s Club locations. Wal-Mart is the largest private employer in the United States, with 1.3 million employees, and the largest retailer in the United States. In 2004, Wal-Mart handled 6.5 percent of U.S. retail sales (8.8 percent if automobile sales are excluded); this number has since increased. Wal-Mart is the top U.S. seller of apparel, groceries, and music, among other products, and is the top retailer in most states. Wal-Mart’s 2005 revenues exceeded those of the next five U.S. retailers combined; these are Home Depot, Kroger, Sears Holding Company (which includes Sears and Kmart), Costco, and Target (Schultz, 2006). Wal-Mart currently accounts for 28 percent of Playtex’s sales, 25 percent of Clorox’s, 21 percent of Revlon’s, 13 percent of KimberlyClark’s, and 17 percent of Kellogg’s (Weinswig and Tang, 2006). Wal-Mart also accounts for over 15 percent of U.S. imports of consumer goods from China. More than 120 million U.S. consumers shop at Wal-Mart every week, and 84 percent of Americans shopped at Wal-Mart at least once during 2005 (Pew Research Center, 2005).1 Wal-Mart is also the largest retailer in the world. From a global perspective, Wal-Mart’s sales...
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...5/3/2014 Topic Outline MARKETING ENVIRONMENT Principles of Marketing Lecture 2 Scanning the marketing environment Components of the marketing environment. Impact of the macro-environment. Impact of the micro-environment. Marketing Environment • Scanning the Marketing Environment Companies scan the marketing environment in order to change and adapt their marketing strategies – as it provides opportunities and threats. In doing this companies must be proactive, It is pointless to conduct environmental scanning unless marketing strategies are changed to fit with the environment. A company’s marketing environment consists of the actors and forces outside marketing that affect marketing management’s ability to build and maintain successful relationships with target customers. 1 5/3/2014 Components of the Marketing Environment Macro-environment Micro-environment Macroenvironment: Demographic Changing age structure of the population Changing family structure The larger societal forces The forces close to the that affect the whole company that affect its ability to serve its customers: microenvironment: Political Company Economic Competitors Demographic Suppliers Cultural Marketing Intermediaries Technological Customers Natural Publics Increasing diversity Better-educated, more white-collar, more professional population Geographic shifts in population Macroenvironment: Demographic Demography: The study of human population in terms of...
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...Chapter 1 : Introduction To Marketing Marketing is the process used to determine what products or services may be of interest to customers, and the strategy to use in sales, communications and business development. It generates the strategy that underlies sales techniques, business communication, and business developments. It is an integrated process through which companies build strong customer relationships and create value for their customers and for themselves. Marketing is the key factor behind the success of a company. Generally a company produces many things which may include different kinds of consumer products, electronic goods or may be many services. Every company spends huge sums of money to these marketing strategies. They employ these specialized people in the field of marketing in lieu of huge remuneration. The chief responsibility of these marketing is to make these products popular and to prepare new marketing ventures so that people develop some sorts of understanding about the company and its products or services. When it comes to marketing, most if not all marketing professionals have a different approach on how to reach consumers. Despite the differences in how consumers are reached, the goal is often the same; encourage consumers to purchase a specific product or service. The obvious way to increase your consumer base is to increase the amount of consumers you reach. Evolution of Marketing Earlier approaches The marketing orientation evolved...
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...Chapter 1: THE DYNAMIC ENVIRONMENT OF HRM LEARNING OUTCOMES After reading this chapter, students should be able to: • Discuss how cultural environments affect human resource management (HRM) practices. • Describe how technology is changing HRM • Identify significant changes that have occurred in workforce composition • Describe the HRM implications of a labor shortage • Describe how changing skill requirements affect HRM • Explain why organizational members focus on quality and continuous improvements • Describe work process engineering and its implications for HRM • Identify who makes up the contingent workforce and the HRM implications • Define employee involvement and list its critical components • Explain the importance of ethics in an organization. CHAPTER OVERVIEW The chapter’s opening vignette illustrates how Four Seasons Resorts and Hotels uses the Golden Rule to treat the employees as you expect them to treat the customer. While customers like to be pampered, so do the employees as evidenced by the Four Seasons being listed in Fortune magazine as one of the “Best Companies to Work For” every year since the list started in 1998. Overviews of today’s dynamic business world, highlighting cultural environments, globalization, technology, and social history evolution, set the stage for discussions about the implications to the HR field. These topics include: multicultural issues, global workforces, HRM technology, workforce...
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