Discuss about the litigation system

Assignment Help Business Law and Ethics
Reference no: EM133527061

Assignment:

In this module you have learned about the basics of the litigation system. In recent years the alternative approaches of mediation and arbitration have become widespread and actual jury trials are increasingly rare.

As you know, legislatures have passed laws favoring the use of arbitration clauses. The Federal Arbitration Act is the basis for this movement. Starting in the mid-80s, the Supreme Court heard a series of cases that consistently upheld the use of arbitration clauses in numerous different contexts.

States have followed this trend as well. The Kentucky Arbitration Act can be found at KRS 417 generally favors the use of arbitration. However, Kentucky was one of the first states to carve out a specific exception, prohibiting the use of arbitration clauses in employment contracts.

For many businesses, there are significant advantages in including arbitration clauses in managing costs and risks. Arbitration is generally less unpredictable than litigation. Arbitration provisions also allow companies to choose the forum or location where the arbitration will take place, minimizing the costs of dealing with disputes in far-off forums. Some businesses, such as nursing homes, have opted for arbitration clauses because of concerns about the lack of sympathies juries may have for their industry. Over the past decade, arbitration clauses have come into wide use in consumer contracts and use agreements for a vast array of products and services. Here are some readings and resources that may be helpful to you on this topic:

  • Arbitration Everywhere, Stacking the Deck of Justice:
  • In Arbitration, a 'Privatization of the Justice System:
  • The New York Times: Attack on Arbitration:

The American Arbitration Association is a nonprofit corporation dedicated to alternatives to the Court system. The AAA has been extremely successful in its mission. AAA arbitrators and rules of arbitration are incorporated in numerous commercial contract. In considering the issue you may also want to peruse the AAA website to see about the services they provide.

In crafting your posts, you may want to address some or all of the following questions:

  • What factors have led to the rise of binding arbitration clauses?
  • Do you think this is a net positive or negative development for society?
  • Do you agree with the general approach of Courts to honor arbitration clauses?
  • Should Courts treat arbitration clauses in business to business contracts differentl?
  • What options, if any, do consumers have when presented with an arbitration clause from a larger business?
  • What, if any topics do you think legislatures or court should exclude from the use of binding arbitration clauses as a policy choice?

Reference no: EM133527061

Questions Cloud

What do you understand by marketing : Explain how changes in the demographic and economic environments affect marketing and describe the levels of competition.
Explain the solutions for any complex problems through : Explain the solutions for any complex problems through a systematic method of data collection. Further explain your methodology. Use the Learning Resources
What are the market characteristics of fenty beautys : What are the market characteristics of Fenty Beautys market segments - RQ4 In which market segment does your product/service belong
Explain this as a business issue : Explain this as a business issue/problem/opportunity (i.e., how is this an issue/problem/opportunity from the perspective of the business)
Discuss about the litigation system : As you know, legislatures have passed laws favoring the use of arbitration clauses. The Federal Arbitration Act is the basis for this movement.
What are your thoughts about the information provided : What are your thoughts about the information provided in the toolkit and what did you learn that you didn't know before?
Provide a statement about the specific impact : Provide a statement about the specific impact you create. If possible, offer a concrete example that demonstrates how people benefit from utilizing your process
How you would evaluate your nursing care and the actions : Include an introductory statement about the case study. Briefly describe the context of the discussion. Advise the reader on what the paper will focus on.
Budget allocation to support tennessee snap program : Assess the adequacy of the budget allocation to support the Tennessee Snap program based on criteria such as what the program goals

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

  Business ethics & legal issues caselet

This assignment is about the concept of Business Ethics & Legal Issues. The laws relating to these can be found in Antitrust laws. These laws are concerned with those large corporations which have a majority of market share, mergers and acquisitions.

  Questions on business law and ethics

Examples of securities that are exempted from the registration provisions of the 1933 Act and involving misstatement of material facts in a prospectus.

  Discuss the doctrine of ratification of pre-incorporation

With the aid of a decided cases, discuss the doctrine of ratification of pre-incorporation contract.

  Discuss the extent of phoenixing activity

It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals.

  Application of law to facts

Company Law, Application of Law to Facts and Conclusion.

  Question on business law and ethics

This assignment related to business law.

  Questions on business law

Answer all the questions under business law.

  Iidentify the issue raised by the facts

Iidentify the issue(s) raised by the facts, identify the relevant legal principles, apply the relevant legal principles to the facts, reach a conclusion.

  Evaluation of software development

Prepare a report and present an evaluation of the subsequent methodologies for software development in terms of cost, resources and time.

  Business value and ethics

Business value and ethics,  Bart agrees to put Sam's Super Bowl champion-ship autographed football in his sports store to sell for $1,500. Sam agrees to pay Bart a 15% commission for selling the ball. If Joe comes in the sports store and offers Bart ..

  Explain what is meant by income by ordinary concepts

Advise what tax consequences arise in respect of the payments.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd