...Nontraditional and Traditional Litigation LAW531 October 15, 2012 J. William Eshelman Nontraditional and Traditional Litigation In the world of business, the possibility of some sort of dispute is nearly impossible to avoid. Whether these disputes are internal between employees or between employees and a business, or externally between a business and other individuals or business, it is important to look at the different options available for dispute resolution. How disputes are handled can have a large impact on future business operations and potentially the survival of a business. Two ways to handle disputes are through traditional litigation or through alternate dispute resolutions. Litigation can be a long and expensive process. According to Cheeseman (2010), litigation consists of pretrial litigation, which includes pleadings, discovery, possible dismissals, pretrial judgments, and settlement conferences. If during this process, there is no settlement, the trial and possible appeal follow. This process can take months, if not years to resolve. According to the author, the process can “take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2010, p. 35). Along with the financial implications of a lawsuit, the damage to the businesses reputation and “disruption to normal business operations” is a possibility (Cheeseman, 2010). Another option for businesses is alternate dispute resolution, or ADR. ADR offers businesses...
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...An ethical obligation of the employee, is to set standards that defines actions and tells the difference between right and wrong. Therefore, it's important for the employer to understand their ethical obligation to the company, because the employer must know when to take corrective and preventative action, to protect other employees who poses a danger. In addition, the employer must reach a solution to the problem, because it the employer has reasonable suspicion or irrefutable evidence of an employees behavior . And, the employer understands that the employee could case an dangerous environment. The manager should develop how the situation should be handled and what the resolution would entail. The ethical obligation is very important, because the managers job is to be a leader and role model to its employees. In addition to protecting the employees welfare in the work environment is extremely important. The manager must hold their obligation to protect its workers from any danger. An example of a employee that is in danger in the work place, is sexual harassment in the workplace. The term sexual harassment means, unwanted sexual advances, sexual favors that are requested and physical and verbal statement made to an employee without their permission. The Equal Employment Opportunity Commission (EEOC) explains that sexual harassment is not only directed towards women but men, and also groups of people instead just one individual. The effects that sexual harassment can have...
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...Running head: BUSINESS REGULATION SIMULATION Business Regulation Simulation Bernice Davis Business Law LAW531 September 19, 2011 Alumina Inc. is a business that has “interests in automotive components and manufacture of packaging materials, bauxite mining, alumina refining, and aluminum smelting” (University of Phoenix, 2011). Five years ago, Alumina Inc. was in violation of environmental discharge due to a failed PAH concentration test that was above the prescribed limit (University of Phoenix, 2011). Kelly Bates has a daughter who is suffering from leukemia and is trying to establish negligence on Alumina Inc. and their violation from five years earlier. There are four torts that Alumina Inc. could be in violation with and they are intentional tort, unintentional tort, product liability and strict liability. Alumina Inc. will review if they have violated any of these torts and will try to settle with Kelly Bates. Intentional Tort An intentional tort is “a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries” (Cheeseman, 2010, p. 75). Alumina Inc. is having a suit brought against them that the environmental violation from five years ago contributed to Kelly Bates daughter’s leukemia. Alumina Inc. is faced with what the company should do in order to determine if such allegation is legitimate. The company decides it can either conduct independent site studies or investigate Kelly...
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...Running head: Discrimination in the Workplace Discrimination in the Workplace David Larkin University of Phoenix LAW531 January 10, 2009 Abstract For this assignment I read Chapter 20 in the assigned text as well as the scenarios and questions posed in the syllabus. The objective of this being, to analyze the scenarios given and answer the questions appropriately. Discrimination in the Workplace Scenario 1: “Just Good Fun” When Maria Suarez got her new job, she was happy. As an oil rigger, she would make enough money to support herself and her two children But after a week of working with a primarily male crew, her happiness was gone. Her coworkers were the reason. At first the men made unwelcome comments about her body. Then sexual graffiti mentioning her name appeared. When she came to work one morning a nude female picture was pinned to one of the rigs. Her name had been scrawled across the bottom. Maria complained to the crew foreman, who referred her to the site manager. “Let’s ignore it for a while,” he told Maria. “It’s just good fun. The men are testing you. You’ve got to fit in.” Question 1: What are Maria’s legal rights in this situation? Maria would be well within her legal rights to bring suit against her employer based on the information given. Moreover, according to Judge Kennedy’s opinion in the case of Burlington v. Ellerth, an employer is subject to vicarious liability to a victimized employee under certain conditions. The first condition is that the...
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...Corporate Compliance Plan Katrina Le`Vere University of Phoenix LAW 531 February 28, 2012 Riordan Manufacturing Legal Issues Riordan Manufacturing is a global plastic manufacturing company located in San Jose, California. The company employs more than 500 people producing plastic beverage containers, custom plastic parts, and plastic fans. Riordan’s major customers are the Department of Defense, beverage makers, manufacturers of automotive parts, aircraft, boilers, and appliances. Success has been a trademark of the company until a recent early termination of the vice president in the Sales and Marketing Department. The incident exposed legal issues the Riordan Board of Directors must immediately address to minimize the legal liabilities and ensure these situations never happen again. The legal issues began with the vice president of Sale and Marketing, Jill Baker, who received an employment termination effective immediately after working five years for the company. The company security guard escorted her off the premises. Jill gave documents to Jim Smith, a former Riordan employee who is currently an employee with a competitor. Jill had made sexual advances toward Jim and he decided to blackmail her unless she provided him with Riordan internal documents. Jill Baker is suing Riordan Manufacturing for wrongful termination. Prior to her termination she received an educational assistance payment of 50,000 dollars from the company that paid for her Master’s in Business...
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...Understanding Tangible Property Team E LAW531 February 07, 2012 Michelle Hamilton Understanding Tangible Property This week team discussion involves understanding the tangible property right of a business. The business rights depends in the field of industry that companies conducts its businesses in. Some tangible are similar while others pertain uniquely to its industry. Discussion amongst the team member lead to the decision to undertake the retail industry such as Wal-Mart, Target, Best Buy and other major retailer organization in the country. The paper will bring about an identification of its tangible assets and the company needs to consecutively protect and identify these properties. Cheeseman stated that “Tangible properties have physical characteristics, such as building, goods, animals, and minerals” (Business Law, 2010, p. 739). Big retail stores like Wal-Mart, Best Buy, and Target suffers from theft and shoplifting on a daily basis in its daily operations. These thefts take in numerous forms, shoplifting of clothing from a department store, eating a grape from a grocery store, or purchasing stolen property is considered tangible. Theft of tangible property from any of these mentioned retailers is infringing on property rights. Retailers and grocery chains industries implement security measures to protect their profits and consumers, however; these measures cost the retailer industries millions of dollars in operation cost each year. Statistics...
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...ADR Clause David Ortiz University of Phoenix LAW531 Tuesday May 1, 2012 Prof. Lirio Bernal Sanchez ADR Clause Alternative dispute resolution is a process that has gained popularity in solving conflicts because it helps in protecting the rights of the people and also to solve the problem in a less formal environment before it goes to a formal trial at court (Spangler, 2003) The alternative dispute resolution methods identified are Conciliation, Negotiation, Mediation, Arbitration, Mini-Trial, Fact-finding, and Judicial Referee. “The Administrative Dispute Resolution Act of 1996 permanently authorizes the use of ADR by federal agencies” (Disputes, 1998). Learning teams always present some discrepancies about the amount of work of each member, who will be leading the team, the commitment, and compliance levels. To avoid that the team should establish at the beginning the rules and make each member aware of them by acknowledging by e-mail the agreement that will have the methods to solve any discrepancies or conflicts and will be part of the Team Charter. The following clause will be included on the Learning Team Charter: “Each person has decided voluntarily to take this course and agree according to the University rules...
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...The Legal System and ADR University of Phoenix Law531 Michael Meeusen The Legal System and ADR Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p. 47). In this pretrial hearing both parties try to facilitate a settlement...
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...Welcome to WritePoint, the automated review system that recognizes errors most commonly made by university students in academic essays. The system embeds comments into your paper and suggests possible changes in grammar and style. Please evaluate each comment carefully to ensure that the suggested change is appropriate for your paper, but remember that your instructor's preferences for style and format prevail. You will also need to review your own citations and references since WritePoint capability in this area is limited. Please see the other helpful writing resources in the Tutorials and Guides section of the Center for Writing Excellence. Thank you for using WritePoint. Running head: Corporate Compliance Plan for Riordian Corporate Compliance Plan for Riordian Robert Trujillo University of Phoenix Corporate Compliance Plan for Riordian Riordian Manufacturing Inc. makes plastic products through the process of plastic injection molding. The main industries that use Riordian products are automotive parts manufactures, aircraft manufactures, aero space manufactures, beverage manufactures, and home appliance manufactures. The company’s annual revenues are $46 million. The company employs 550 people throughout three plants located in Georgia, Michigan, and China. Research and development is done at the corporate headquarters in San Jose, California. In 2000, Riordian Manufacturing Board of Directors decided to expand its...
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...Regulation Plan for Alumina Inc. LAW531 21 March 2011 Mr. Majid Safaie Regulation Plan for Alumina Inc. Regulatory risk, by definition, is a risk to which private companies are subject, arising from the possibility of legislation or regulations that will affect business being adopted by a government [ (Unabridged, 2009) ]. To avoid this risk, Alumina Inc, must be proactive in their approach to legal analysis, marketing, public relations, and various other elements of business. Alumina, Inc also needs to be aware of regulatory policies, legal responsibilities, public information requirements and the various policies and procedures that may be applicable to their operation and the possible consequences facing them for failure to comply with government regulations. In cases of noncompliance, guidelines need to be in place for responding to allegations, both publically and to the government. The goal of Alumina, Inc is to avoid these situations and maintain their operation at optimal tempo, avoiding all unnecessary dealings with regulatory agencies, while staying mindful of potential problems. By identifying regulatory risks, Alumina, Inc is able to manage these risks on their own terms and avoid being caught off guard by regulatory changes or minor offenses. Preventive measures fall to the legal department, research and development, and marketing elements. This collaborative and preventive effort will ensure that each department has the knowledge to maintain itself according...
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...Running head: LEGAL FORMS OF BUSINESS PAPER Alumina and BP Scenario Collaborative Analysis University of Phoenix Pedro E. Grave de Peralta LAW531-Business Law Ken Marc July 28, 2012 This paper will be discussed, as well as explaining sole proprietorship, partnership, limited liability partnership, Limited Liability Company, S corporation, franchise, and corporate form found this week chapters. The chapter’s help you to understand the scenario in how it relate to the basic limited liability company. With the legal forms individuality can choose to go with determine to open an establishment. When becoming a business the owner should take the time to look at one option to starting a business is Sole Proprietorship. Sole proprietorship method is to having a business and being the sole owner or one person owning the company. I have work in partnership with the project manager at a huge German bank called Citizen-Schwarz AG (C-S), in the method of assessment one year contract worth $6million. The difference of opinion over value and schedule of deliverables bubbled to the surface with the result that C-S threatened to void the agreement. To put a stop to a potentially disruptive business dispute, my job at the time was to progress a negotiating position, argue performance of the contract, and amend the obtainable agreement. One must first take go over...
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...Litigation and Alternatives Wilma McDonald LAW 531 August 14, 2012 Candice M. Deisher, Esq. Litigation and Alternatives The video “Litigation and Alternatives” features a dispute between Quick Takes Video (Quick Takes) and Non-Linear Pro (Non-Linear), which involves the use of a new video editing system. Quick Takes stated that the verbal agreement with Non-Linear consisted of using the new editing system for a three-week trial period. Non-Linear stated they have a signed lease agreement with Quick Takes for a minimum of three months. Non-Linear presented Quick Takes with an invoice in the amount of $5,000, which Quick Takes refuses to pay because of the inefficiency of the editing system and its belief that a lease agreement was never agreed upon (University of Phoenix, 2012). Both parties have options for resolving this matter. This paper serves to discuss the traditional litigation system and the nontraditional forms of Alternative Dispute Resolution (ADR) to gain a better understanding of the benefits and risks for both Quick Takes Video and Non-Linear Pro. Traditional litigation normally involves a substantial amount of time, unwarranted publicity, and detail-oriented tasks...
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...Legal Forms of Business Paper 531kjm LAW531 January 1, 2010 Abstract This paper looks at the various legal form of business. Each form of business is better suited to certain uses, and in this paper each form is matched with suitable business ventures. The different forms of business being examined are partnership, limited liability company, sole proprietorship, limited liability partnership, franchise, s corporation, and corporate form. Legal Forms of Business Paper Sole proprietorship is often preferred by individuals who are seeking to maintain managerial control. Ventures such as a small coffee shop, small restaurant, or a small store are good candidates for sole proprietorship. All of these generally have a low overhead, and are very unlikely to face liable issues. A sole proprietorship may also include the spouse of the individual who is standing as the sole proprietor (Ingram, 2012). A partnership has to be carefully considered. There are many things which might cause this venture to become a disaster. A partnership often begins with two individuals with the same interests, and common goals. In some cases the main reason for the partnership to begin is that one person has the ideas and the other has the financial wherewithal. Two physicians may form a partnership to cut down on the overhead of paying for individual leases for the property. In a partnership all partners are liable for the actions of the others. If one gets charged with malpractice...
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...Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough, both internally and externally, to accommodate these changes (University of Phoenix, 2002). This case presented how a contract between parties was prepared, but what was required was not clear to either party. To further complicate matters, as the project requirements became clearer, no contract revision occurred to discuss how the expanding requirements could be negotiated. The increasing requirements and scope of work meant the original resources assigned to the project were rapidly becoming insufficient. Project delays and poor quality products were the result. Instead of addressing the changes and the need to revisit and negotiate the changing requirements, and additional compensation, the two parties filed suits and counter suits against each other (Cheeseman, chapter 16, 2010). The scenario points out how devastating the resultant legal costs were to both parties, and how the end result was a failed project that could have been resolved with less contract ambiguities...
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...Bullies on the Job The video Bullies on the Job poses the question of whether or not psychological abuse is a form of harassment. The manager in a professional environment may utilize several measures to prevent intentional torts. The act of bullying may give way to torts related to mental distress, pain and suffering, and hostile environment First, a manager should lead by example. Setting clear expectations that bullying is not allowed will set the tone for the company. Employees should be trained on where to find information regarding the company’s bullying policy and acknowledge that they have read and understood the policy. In most cases a policy isn’t enough to deter negative behaviors. Asking for feedback and allowing employees to express their point of view is one a great measure to implement. In addition, when employees exhibit positive behaviors they should be recognized in a systematic manner. This will create a culture that fosters an optimistic corporate culture. BP Podcast The BP oil spill that occurred off of the Louisiana Gulf Coast is perhaps the worst oil spill to occur in history. It aroused a nationwide concern for the environmental strains placed on our ecosystem and placed a high profile spotlight on the legal considerations both a corporation and government should uphold to prevent and handle such situations. Risk management is both a preventative and situational measure that all organizations should strictly enforce. BP’s risk management department...
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