specialized: specific types of dispute (subject matter: civil, criminal), monetary, geographical Trial courts (court of original jurisdiction)– courts where a legal action is first brought to a judge for a decision Court of appeal – these courts hear appeal (petition) from the decisions of trial courts. They can override the decision of trial courts because they are higher ranked. * Do not hear evidence * Look for errors in law Federal Courts – deal with disputes that are within federal jurisdiction
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Chapter 1: I. Sources of law: a. 宪法constitutional i. Federal constitution: 1. Treaty with other countries: approved by 2/3 of senate; signed by president 2. What the government can and cannot do ii. State constitution: cannot conflict with federal constitution b. Statutory Law : 指的是"实定法",是指经立法机关制订通过的法律条文。法院诉讼审判依据,即是这个既存的法律条文,而非过去的判例。 iii. Federal statutory law: Law starting from senate(参议院) , and then house of representatives(众议院);
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HR Acronym-Soup AA | Affirmative Action | AAP | Affirmative Action Plan | ADA | Americans w/Disability Act | ADEA | Age Discrimination in Employment Act | ADR | Alternative Dispute Resolution | AISES | American Indian Society for Engineering and Sciences | ASP | Application Service Provider | BFOQ | Bona Fide Occupational Qualification | BLS | Bureau of Labor Statistics | COLA | Cost of Living Adjustment | CPI | Consumer Price Index | CV | Curriculum Vitae | DOL | Department
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Chapter 1 1. Regardless of how such rules are created, they all have one feature in common: they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration
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There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective
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Tort Risk and Business Regulation Simulation Jane Thomas University of Phoenix Business Law/531 Thomas Friedman October 19, 2010 In today’s business world it is crucial for organizations to have a plan in place to identify and manage tort liability. This can be managed through preventive, detective and corrective measures. The purpose of a plan is for an organization to manage and minimize individual risks. Organizations that fail to comply with Federal, State, and local
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Negotiation Closing Deals, Settling Disputes, and Making Team Decisions David S. Hames University of Nevada, Las Vegas @>SAGE Los Angeles | London | New Delhi Singapore | Washington DC • •-*» •• • i ' w ' t * • * 5s" i- . •> - • • y . » " •• is • Acknowledgments Preface PART I: THE FUNDAMENTALS 1 The Nature of Negotiation: What It Is and Why It Matters Intended Benefits of This Chapter The Essence of Negotiation What Is Negotiation? 5 6 6 When Do People Negotiate?
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There are many distinctions between civil and criminal cases. There are also many differences in the way these cases are handled. In order for us to understand them, we must first know and understand what they are. Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In a civil case the plaintiff can be an individual, corporation or government agency. Criminal law is the body of law that deals with crime and
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Legal Encounter 1: Newcorp hired Pat Grey as manager of real property for Newcorp in Vermont, responsible for activities related to maintaining leased office space. In that role, Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away, moving his spouse and children, selling and buying a home, and dealing with a spouse having to quit her job to seek employment in the new state.
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Mr. Grey can sue Newcorp for wrongful termination if the school meeting speech was the reason for his termination. NewCorp to avoid a wrongful termination lawsuit should work out their differences amicably with Mr. Grey through an alternative dispute resolution (ADR) such as arbitration, negotiator or mediator. This method is be less expensive and not time consuming (Cheeseman, 2010). NewCorp should endeavor to establish a no ambiguous performance review contract and train their managers
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