...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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...Abstract In this essay the reader will be able to identify the legal disputes presented in the Litigation an Alternative Video. The paper will converse the difference between the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company. Forms Litigation Litigation is the process of bringing, maintain, and defending a lawsuit (Cheeseman 2012). Over the year’s traditional litigation has been the most popular form to use. Traditional Litigation such as a trail are time consuming, expensive and challenging, and must comply with the law. For that reason alternative dispute solution (ADR) has become popular. There are several forms of nontraditional litigation such as, mediation, arbitration, negotiation, etc. Arbitration the process of both parties selecting a neutral third party to listen to evidence presented and makes a decision. Arbitration is the best alternative to use when the parties do not get along and have no chance of becoming longer term business partners. The parties’ involved in the dispute have the option of selecting an arbitrator, submitting evidence, and written opinions. It is important...
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...Traditional and Nontraditional Litigation Chauncey Davis LAW/531 June 18, 2011 Alfred Green Traditional and Nontraditional Litigation Litigation can be a lengthy and expensive process that must align with procedural guidelines set forth by local, state, and federal laws. According to Cheeseman (2010), litigation defines as “a process of bringing, maintaining, and defending a lawsuit” (p. 34). A manager or leader in an organization must concede that at some point he or she will have to file a suit against someone or someone will file a suit against his or her company. Depending on the complexity and nature of the case, someone wishing to file a suit can either use the traditional litigation system or nontraditional forms of alternative dispute resolution (ADR) methods. The traditional system and ADR both provide advantages and disadvantages for which this author will compare and contrast them to identify the pros and cons. In the United States, the traditional litigation system involves the courts resolving disputes by following the procedural steps of the civil court system. The system is adversarial and requires attorneys (for plaintiffs and defendants) to represent their clients zealously in accordance with the laws and Canons of Professional Responsibility (Barron, n.d.). The plaintiff has the burden of proving his or her case by the preponderance of the evidence, whereas the jury will serve as the finder of fact to determine if the plaintiff has met...
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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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...ludicrous motivations. Many cases endure for years or longer. Nevertheless, the costs involved in defending a claim can be exorbitant. Unfortunately, despite every precaution, we live in a society where anyone, any business can be sued for anything. Solely because a lawsuit has been filed, however, does not mean the case has merit. This paper discusses two legal cases related to frivolous lawsuits. The first lawsuit was filed against the McDonald’s Corporation by Stella Liebeck in 1994. The second lawsuit was filed against Custom Cleaners by Roy L. Pearson, an administrative judge, in 2007. Both cases are notable and played a major role in guiding small and large companies in their responsibilities to their customers, reducing the risk of litigation, and protecting their assets to avoid unnecessary liability. Both cases will be analyzed by comparing and contrasting the facts, law, and merit. In addition, this paper will examine ethical issues and address the topic of frivolous lawsuits as they apply to the two cases. Finally, this paper will argue ways in which each company could have used better risk management techniques to avoid the lawsuits. The Facts McDonald’s No matter the precaution one tries to take when handling hot substances, there is always a chance of an accident, as was the case in Liebeck v. McDonald’s...
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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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...Litigation and Alternatives The dispute between NonLinearPro and Quick Take Video take place because an employee make the mistake of not reading an agreement before signing it. NonLinearPro now has a leasing contract for three months for the equipment Quick Take Video returned and refuses to make payment. The following will give the complaints each party could have and their options for resolving the complaints. The complaint NonLinear Pro would have against Quick Take Video would be not receiving payment for equipment leases to Quick Take Video as specified in the lease agreement. Quick Takes can claim NonLinear Pro lease is not binding because the equipment was not suitable for their company and they returned it once the issues came about. Hal has several options when it comes to the suit. He can pay the $5,000 to make the suite go away. He can send in a response to the compliant and send a cross complaint and allow the suit to go to litigation. Hal can also use one of the alternative dispute resolutions to mitigation the issue to maybe gain a better financial outcome than going through litigation. As stated in by Cheeseman (2010), arbitration and mediation can be alternatives to litigation and all three can give some of the same advantages. They both will be cheaper in the fact there is no lawyers involved and so therefore the cost of handling the complaint is cut but there is the cost of the arbitrator or mediator. Never the less the cost is cheaper than hiring...
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...In this 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...
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...Liebeck v. McDonald’s and Pearson v. Custom Cleaners Legal Case Analysis AMBA 610 9043 University of Maryland University College Introduction Frivolous lawsuits can be a determent to those who are really seeking justice through the court system. Lawsuits that are frivolous in nature are filed in the court systems that lack legal merit (Frivolous Lawsuit Law & Legal Definition, 2015). Plaintiffs and attorneys who decide to partake in meaningless claims against other parties can anger society by wasting tax payer’s money on cases that are filed and argued with loop holes in litigation (Frivolous Lawsuit Law & Legal Definition, 2015). Evaluating the product and service liability laws will give insight into the two cases that will be discussed in this paper. The two cases covers how product liability effects the consumer and company owners of each industry of businesses. Cases that are brought to courts for product liability is always initiated by the plaintiff who has to prove if the defendant is liable for alleged action claims (Jones, 2015). Two cases that have made an impact on the pursuit of filing frivolous lawsuits is the Liebeck v. McDonald’s and Pearson v. Custom Cleaners case, which will be discussed in further detail throughout this paper. If cases set precedence’s in the court systems, then these two cases show how people can obtain or attempt to collect monies from others that lacks in importance to bringing legal justice per society standards. Case...
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...Week 7: Case Studies Research Michael Abernathy 11/24/15 AMBA 610 The Facts The circumstances in the case of Stella Lieback v McDonald’s Restaurant consist of a hot coffee burn incident. Stella Lieback a 79- year old woman from Albuquerque, New Mexico visited a drive-through McDonalds. The incident took place on February 27, 1992 as a passenger in her grandsons ’89 ford probe, a vehicle with no cup holders. The case of Roy L. Pearson V Chung better known as the “pants lawsuit” which was a civil case filed in ‘2005. Pearson sued a D.C. dry cleaning establishment by the name of Custom Cleaners, for over $67 million for the loss of a pair of pants. The facts in the case state that the plaintiff left a pair of gray pants that probably could be extricated by a trio of belt loops on both sides of the front waist band. It appears there was a delay in providing the clothing due to plaintiff stating that the pants returned to him weren’t those submitted for service. As a result of the dispute the recourse taken by Custom Cleaners was to provide records and tags with proper documentation belonging to Pearson to resolve the issue at hand. Monetary play of $1,000.00 was the move Pearson made to Mr. Chung in order to rectify the dispute with the cleaners. This led to a refusal by the cleaner owner and Pearson filing a suit in the District of Columbia’s Superior Court. The Issues Presented The issues identified in case are third -degree medical burns from the coffee...
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...Pamela Plamondon LAW/531 December 17, 2012 Arlana Spikener, JD Litigation Paper Understanding alternative methods of dispute for resolution is important; because most case never goes to court they are settled before they are heard by the courts. The traditional litigation system and nontraditional litigation both strive to settle the dispute or resolution that both parties agree upon. This paper will compare and contrast traditional litigation with the nontraditional forms of ADR. Compare Both traditional litigation system and nontraditional forms of ADR both strive to find a resolution to a legal dispute. With both systems the parties involved in the dispute can be represented my legal counsel. The resolution is determined by a third party, example; jury, judge, court appointed arbitrator, mediator, judicial referee, or conciliator (Cheeseman, 2010). In cases involving a jury the jury will deliberate and read the finding to the judge, the judge will issue the final resolution. In cases using ADR, the third party usually arbitrator or mediator will determine the resolution. Contrast As stated above both the traditional litigation system and nontraditional strive to get a resolution to a dispute. What is different is how the resolution is made. Traditional litigation can be time-consuming and can become very expensive for both parties involved. There are several steps to the traditional litigation; pleadings, discovery, dismissals and pretrial judgments, and settlement...
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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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...RUNNING HEAD: COMPARE AND CONTRAST Traditional and Nontraditional Litigation Paper As an organization strives to achieve goals through such things as innovation, technology, and leadership; the threat of litigation can become reality which requires expertise and knowledge to effectively defend. For those organizations conducting business in the United States, conventional judicial and nonjudicial dispute resolution can be pursued based upon the circumstances within a lawsuit. The subject of this paper is to compare and contrast traditional litigation system with the nontraditional forms of alternative dispute resolution. Traditional Litigation System Traditional litigation system is one that is commonly portrayed in society as a formal process based upon the laws that govern under the Federal, State, and Local court systems. Typically, the plaintiff and defendant utilize the courts to decide the outcome of a case based upon evidence and testimony. This process can be complex which follows strict guidelines and procedures that must be adhered in order to honor the process and integrity of the applicable court. As a result, both parties typically retain the services of an attorney to direct all communication and documentation in an effort to accurately present a position or case. Nontraditional Forms Nontraditional forms is an substitute to the traditional litigation system which is commonly referred as alternative dispute resolution. Alternative dispute...
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...Nontraditional and Traditional Litigation Paper Law/531 One of the ways that citizens and businesses alike resolve conflict is through civil litigation. It involves legal processes and the court in order to resolve disputes between two parties, who are seeking equitable and legal remedy. The process is quite structured and the plaintiff, who claims to have suffered a loss as a result of the actions of the defendant, must provide an argument that is based on facts or findings. The defendant must be prepared to give an answer or response to the plaintiff’s complaint. It can be divided into seven stages to included investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Both parties are represented by attorneys and the case is decided by a judge or jury, and if each party feels the court’s decision is in error, then one can appeal the decision, to be tried in a higher court of law. Although most trials are settled outside of courts and not all trials go through every stage, litigation can become expensive and complicated with increased party involvement. Because lawsuits can take several months to years before it even goals to trial, alternate dispute resolution (ADR) methods are other ways of remedying conflict, and could save companies money. Both are effective, however, choosing the best method to resolve a conflict should depend on the nature of the conflict. Some of the things that can affect companies and should be considered...
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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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