...The Legal System and ADR Analysis Lauren Branham University of Phoenix LAW 531 Instructor – Jonathan McGovern June 29, 2015 To: Instructor Jonathan McGovern From: Lauren Branham Re: The Legal System and ADR Analysis The legal system is comprised of two courts; state and federal. Each of the 50 states in the United States (to include Washington, DC) has its separate court system. These court systems usually include; limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a supreme court (Cheeseman, 2013). Now in many cases some of the disputes may not need to go to court. There is an alternate method that can be used to alleviate having to go to court. That is called Alternative Dispute Resolution (ADR). This method has three types; negotiation, mediation, and arbitration. Here both parties can make arrangements to come up with a solution that can be less expensive and be resolved quicker than expected. In this memo, I'm going to focus on a classic state level case that we all see and hear about daily, Landlord/Tenant disputes. In most cases, the Landlord is withholding either all or some of the security deposit after a tenant leaves. Here’s the situation; a Tenant paid $1300 for a security deposit to lease a house on a month to month basis from the Landlord for a duration of twelve months. It was agreed upon by the two parties that if for some reason the Tenant needed to leave then they would have to give a thirty-day...
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...Resolution Analysis Paper University Of Phoenix LAW / 531 Date: 10/05/2015 MEMORANDUM. TO: Singh and Jessica FROM: Karandeep Singh RE: Disagreement concerning Singh and Jessica in the corporation of an outfitting store. DATE: 10/03/2015. FACTS: Singh and Jessica are trade partners of an outfit and merchandising store, and they entered into a formal contract. Jessica had to reduce her working day to take care for her newborn therefore reacting to her decision Singh hired a well-educated employee and reduced Jessica’s turnover without even informing her. In obstruction, Jessica sealed the corporation account with Singh, and she opened a different sole signatory account for her. I think the particular instance can cause a State Tribunal though the legal phase for the case will originate with small claims court. If Singh and Jessica will not able to do a settlement in small claims court, then the case can proceed to the states appeals court and can lead all the way to Supreme Court. Although, most claim filed in small claims courts come to a settlement, but it is difficult to solve the issues in the court system in order to decrease the cost and a long trial mediation and most commonly responsive solutions for parties. I am listing the few available options solving disputes between business partners, shareholders of business entities, and managing members. Litigation Litigation is the process of going to court to discuss...
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...clothing. Wal-Mart Stores, Inc., contracted with a supplier, Judy-Philippine, Inc. (JPI), to manufacture outfits based on photographs of Samara garments and to be offered under Wal-Mart's house label, "Small Steps." When JPI manufactured the clothes, it copied sixteen of Samara's garments with some small modifications to produce the line of clothes required under its contract with Wal-Mart. After discovering that Wal-Mart and other retailers were selling the so-called knockoffs, Samara brought an action for infringement of unregistered trade dress under section 43(a) of the Trademark Act of 1946. The jury found for Samara and awarded the company more than $1 million in damages. Wal-Mart then renewed a motion for judgment as a matter of law, claiming that there was insufficient evidence to support a conclusion that Samara's clothing designs could be legally protected as distinctive trade dress for purposes of section 43(a). The District Court denied the motion and awarded Samara relief. The Court of Appeals affirmed the denial of the motion and concluded that "copyrights depicting familiar objects, such as the hearts, daisies, and strawberries in Samara's copyrights are entitled to very narrow protection. It is only the virtually identical copying...which will result in a successful claim of infringement of familiar objects." 2-)Rule of Law/Rationale The legal framework used to analyze whether design features--also referred to as trade dress--are entitled to trademark protection can...
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...Internal Revenue Code (IRC), like-kind exchange can defer gain and loss from the transaction. Therefore, it may save some tax cost. However, those IRC defined this nontaxable like-kind exchange in an extremely narrow range. Conflicts of the recognition of like-kind properties often happen between taxpayer and the Tax Count. Therefore, it may hard for owner A to take this tax advantage of like-kind exchange. This paper will focus on qualification issue of like-kind exchange. It will firstly briefly show the relevant Federal Income Tax code of like-kind exchange and highlight two controversial parts when those codes applying. Additionally, several relevant cases will be analyzed to show how like-kind exchange property is qualified in real world. Those cases also give Owner A some suggestions of house exchange. Finally, based on cases analyze above, a possible exchange plan of Owner A will be explained. General Rule of Like-kind Exchange IRS Code In general, according to§1031(a), no gain of loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment. Besides, property should be identified and this exchange should be completed within 180 days after transfer of exchanged property. In addition, exchange would include not only the like-kind property but also some other property...
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... Stacy Lawton Guin, Plaintiff, v. Brazos Higher Education Service Corporation, Inc., Defendant, United States district court for the district of Minnesota (2006). Facts: On September 24, 2004 plaintiff, Stacy Guin, claimed that defendant Brazos Higher Education Service Corporation Inc. also known as, Brazos, gave permission to its employees to be in possession of unencrypted nonpublic customer data on their laptops. One of Brazos employee’s homes was burglarized and a laptop containing unencrypted customer data was stolen. Guin ordered reports from three credit agencies, and after reviewing them not a single piece of personal information was stolen. And neither did any of the 550,000 customers experience such fraud. Issue: Guin has no right to claim negligence on Brazos, because Guin failed to show Brazos breached a legal duty owed to him. Then on what grounds can Guin file a lawsuit on Brazos if technically they haven’t breached a contract between the two parties? Decision: In Guin’s claim, he alleges that he trusted Brazos with his personal data, and not put him in the danger of loss, theft, tampering and realizing any personal information to a third party. Due to this case, Guin suffered out of pocket loss, emotional distress, consequential and incidental damages and fear and anxiety. Minnesota courts said in order for a plaintiff to claim for negligence, the plaintiff must prove four elements; existence of a duty of care, breach of that duty, injury and breach...
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...Assignment #4 FACTS: The defendant of a small business in Vermont, signs a contract with the plaintiff corporation that is located in California. The contract that was signed, allows the defendant to advertise on the plaintiff’s internet search engine. Two months into the business relationship, the plaintiff complains that the defendant has violated the agreement between the parties. The plaintiff files a lawsuit against the defendant in Superior Court for the County of Monterey in Salinas, California. The defendant claims that the California court has no personal jurisdiction over her, while the plaintiff claims that the state does have jurisdiction over her because she knowingly did business with a California company. ISSUE: What right does a court have to determine the rights of the parties involved in the action In other words, the question of whether a court has personal jurisdiction over a person involves the question as to whether it would be fair for the court to issue a judgment against that person. Does the court system of California have personal jurisdiction over the defendant? RULES: Personal jurisdiction gives a court the authority to determine the rights and liabilities of a person or entity, such as a corporation or partnership, involved in a lawsuit. A court must satisfy two elements to have personal jurisdiction: 1) the law that governs the court must give it authority to assert jurisdiction over the parties to the case; and 2) The jurisdiction, even where...
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...Legal System and ADR Analysis LAW/531 12/08/2014 Shannon Allen Introduction / Purpose At the cost of doing business it is necessary to always secure and stabilize conflicts that may interrupt the flow of business. Efficient resolution may not only same money and time, but keep messy disputes out of the public light and social network which may have the power to shame the name of an organization. There are various methods used in resolutions; traditional court case resolution and alternative dispute resolution methods, which assist in resolving disputes at an expedited rate. There are various applications where ADR can be used as a helpful resolution tool with in civil cases as long as there is a mediation, settlement, and or arbitration. For example with in mediation this process becomes important as long as there is an equal compromise and a desire to preserve a relationship between both parties. For the case highlighted such is not the scenario in MICHAEL AVERY et al., Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY . The class action lawsuit stated State farm proven to prefer non original equipment parts as a less expensive replacement part to “crash parts” therefore further assisting in decreasing the value of the vehicle and creating additional non factory hazards violating contract agreements to restore vehicle back to factory standards and thus committing consumer fraud. Recommendations The cost of settling out of court would have been wise...
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...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...
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...Introduction: In this case study we will be taking a close look at the United States legal system and how it became what it is today. Research issue or case/code chosen: Where did our legal system originate from? Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies...
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...Research / Analysis # 2 Baker College 1. When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013). My reports also show that amongst the 57,527 business filings in 2012 that 7,760 filed for Chapter 11, 97,167 filed for chapter 7, 12,485 filed for Chapter 13, and 115 businesses filed for Chapter 15 (ABI, 2013). With the information provided we can conclude that more companies file for Chapter 7. Filing for Chapter 7 means that a business simply does not have the income to repay any portion of their debts. In this case many of the assets will have to be turned over, and this can make it hard for the business to continue to operate, and it may involve the liquidation of the business (All Law, 2013). Now chapter 13 came in second place with 12,485 filings, and with Chapter 13 this is usually the best option for businesses. There is no asset-sale in a Chapter 13, but businesses do need...
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...discussed how to write a case brief, which law students usually write for their own use. Most legal writing, however, is done to communicate with others. As a law student (and new lawyer), you will receive legal problems and will be asked to analyze the problem and write up the results of that analysis. The typical vehicle that lawyers use to do this is the legal memorandum. When you write a memorandum, you will make use of the several analytical skills you have been developing. This handout explains the form and content of a legal memorandum. II. PURPOSE OF A MEMORANDUM A legal memorandum is a document written to convey information within a law firm or other organization. It is a written analysis of a legal problem. The memorandum is usually prepared by a junior attorney or by a law clerk for a more senior attorney early in the firm's handling of a legal dispute. The writer analyzes the legal rules that govern the issues raised by that problem and applies those rules to the facts of the case. These memoranda prepare attorneys to advise clients how to proceed, if at all, with prospective business dealings or litigation. The memo must be complete and objective including both the rules and facts that help the client and those that do not. In concludes with a considered opinion of the likely outcome on each issue. The attorneys will then use the memo to understand the issues that the case raises, to advise the client, and to prepare later documents for the case. Office memoranda...
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...League into one large case of Multidistrict Litigation. All of the lawsuits that have been filed claim “tortious conduct” on the part of the NFL, resulting in neuro-degenerative disease and injury to professional football players. As of January 24, 2013, over 4,500 retired NFL players, more than one-third of players to ever sign an NFL contract, had brought a suit against the NFL concerning the head injuries that they sustained on the field during their playing careers. (Anderson, 1). Given the outstanding popularity of football in the United States, these lawsuits have garnered the attention of national media, prompting debate, discussion, and research about the dangers of football-related head injuries and the future of the NFL. (Fenno, 1). The litigation has the potential to reach the scale of the Big Tobacco litigation of the 1990’s, but the NFL has thrown a substantial roadblock in the players’ suit with a federal employment law preemption defense. (Fisher, 1). The consolidation of all the lawsuits into the Multidistrict Litigation has created the ability for both parties to decide the legal issues presented by the players’ claims and the NFL’s defenses. This paper will examine the merits of those claims and defenses, offer insight into how the players applied rhetorical devices to further their case, address the link established between the NFL and Big Tobacco, and how the court could likely rule regarding the concussion litigation, if it makes it to court. To begin, the history...
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...CONTRACTS PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY, ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general. The Law as it stood before the Case Pre-existing Duty Rule: This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case. When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise...
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...AFFIRMATIVE ACTION IN PUBLIC & PRIVATE PROCUREMENT ENGLISH LAW LaSadia Whitman Abstract Throughout history, there have been many policies and laws that have been passed to make America, a county that will offer a citizenship equal liberty, rights and equal opportunity. In my paper I will discuss the path on how affirmative action was established, and how it is important to public and private procurement. I will use examples of affirmative action from recent discriminating cases. I will show how affirmative action affects federal and subcontractors within the government agencies. I will also talk about how high level manager uses affirmative action within their companies. I will also discuss the path of affirmative action how the changes affect the veterans that have served in the U.S. military. Finally I will discuss how affirmative action has helped changed America for the benefit of the people. “Preferential affirmative action patronizes Americans, blacks, women and others by presuming that they cannot succeed on their own. Preferential affirmative action does not advance civil right in this country” (Alan Keyes). As many decades have past, the question of whether America is place where equal opportunity is available to every citizen of the United States has grown as major debate throughout society. The legal meaning of affirmative action is the employment programs required by the federal statutes and regulations designed to remedy discriminatory...
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...REPORT ON JUDICIAL REVIEW Of BANKRUPTCY LAWSUIT OF PT TELEVISI PENDIDIKAN INDONESIA (TPI) By: FABIANUS PRIJO SAMBODO 2013 BUSINESS LAW & ETHICS – LEGAL BANKRUPTCY ANALYSIS BACKGROUND Bankruptcy is a legal status of a person or organization that cannot repay their debts to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the creditor. Bankruptcy is not the only legal status that an insolvent person or organization may have, and the term bankruptcy is therefore not a synonym for insolvency. Bankruptcy lawsuit sometimes happens to many companies, when they can not pay their overdue debt or can not re-structure their liabilities to at least two of their debitor. In Indonesia, there are many of bankruptcy lawsuits, and one of the interesting bankruptcy cases happened at PT. Cipta Televisi Indonesia that ussualy known as a company who owned the Indonesian Educational Television (TPI). Bankruptcy as a means of debt settlement certainly has some direct and indirect effects on all parties that have an interest in the assets of the debtor declared bankrupt. Generally, if the debtor is a legal entity, the interests of the debtor, creditor and shareholders will be affected. For example, the declaration of bankruptcy by a company will negatively affect its shareholders' position in the liquidation process. Pursuant to Indonesia's Private Law, secured, preferred and unsecured creditors have different privileges against the assets of the debtor...
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