Prompt: Discuss the different types of alternative dispute resolutions including, negotiation, mediation, and arbitration. For example, which form of ADR is binding and which is not?Requirements: 250
\n MBA\/MSL 646 The Legal Environment of Business Belhaven University Unit 1 The Judicial System and Managing Disputes \uf06e An overview of legal obligations and requirements facing organizational leaders. Historical review leading up to our current jurisprudence system along with its biblical roots is examined. Torts, contracts, human resources regulations on state and federal level, legal responsibilities for management as an agent of the organization are representative of topics covered. 2 Welcome to The Legal Environment of Business \uf06e Introduction \uf06e Class Topics \uf06e Class Objectives \uf06e Lecture 3 Format for Unit Sessions \uf06e Class lectures \uf071 Hearing and seeing \uf06e Textbook \uf071 Reading \uf06e Individual homework \uf071 Analyzing \uf06e Discussion forum \uf071 Applying and examining \uf06e Completing all components is very important to accomplish the objectives of the course. 4 Learning Tools \uf06e Characteristics \uf071 Online learners must be highly self -motivated. \uf071 Online learners must have high responsibility for assignments and discussions. \uf06e Facts \uf071 Online learning is not easier than traditional classroom learning. \uf071 Learners must meet deadlines. \uf071 It\u2019s easy to think we\u2019re anonymous because there\u2019s no face time. 5 Online Learning \uf06e Course Page \uf071 Activities \uf06e Individual homework \uf071 Discussion forum \uf06e Weekly discussions \uf071 Media \uf06e Module \uf06e Handouts & links \uf06e Class lectures \uf06e Schedule \uf071 Be attentive to deadlines. \uf071 The week (unit) begins on Sunday and ends on Saturday. \uf06e Observe Sabbath \uf06e Manage your time 6 Tips for Success \uf06e Communicate \uf071 Ask questions \uf071 Participate \uf071 Be engaged in discussion \uf071 Seek handouts \uf071 Contact the professor with questions or problems 7 Tips for Success, cont. \uf06e Explain and understand what the law is, the judicial system, know where to find the applicable law, and be versed in how legal disputes are resolved in and out of court \uf06e Understand the Constitutional limits placed on business activity and the effect of the Constitution on business decision making \uf06e Understand the various laws regulating business and how business works to comply with these laws 8 Course Objectives \uf06e Identify situations where a business and\/or its employees may be \u201cguilty\u201d or \u201cliable\u201d in the event a crime or tort is committed by an employee on behalf of a business \uf06e Have a general knowledge of the laws regulating advertising and products liability, and understand the methods and procedures involved in a sales transaction \uf06e Identify and describe the rights and responsibilities involved with the types of property owned by a business, including: real and personal property; intellectual property; and property involved in international business transactions 9 Course Objectives \uf06e Understand the various issues involved in contract formation, remedies for breach, and defenses to breach of contract \uf06e Discuss the rights and duties involved in the employer – employee relationship relative to such issues as: hiring and firing; business decision -making; workplace safety; hours and work conditions; union relationships; antidiscrimination laws; and compensation \uf06e Identify the legal and practical issues involved in forming a business and the various types of businesses \uf06e Understand the various federal and state securities laws 10 Course Objectives \uf06e Special topics in civil procedure: \uf071 structure and hierarchy of the various courts, jurisdiction, and international courts \uf06e Methods of alternative dispute resolution \uf06e Process and stages of litigation 11 Unit Topics Biblical Foundation \uf06e Romans 13:1 -4 \uf071 (1) Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. (2) Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. (3) For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. (4) For the one in authority is God\u2019s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God\u2019s servants, agents of wrath to bring punishment on the wrongdoer. Types of Courts \uf06e Trial courts \u2013 courts of record \uf071 Circuit Courts \uf06e Civil matters where the amount in controversy is over a stated amount and criminal law matters \uf071 Chancery Courts \uf06e All matters in equity; divorce and alimony; wills and estates; minor\u2019s business; cases of idiocy, lunacy, and persons of unsound mind \uf071 Specialty Courts \uf071 Justice Courts \uf06e Small claims courts \uf06e Appellate Courts \uf071 Publishes opinions in Reporters \uf06e Examples: \uf071 Mississippi State cases \u2013 Southern Reporter \uf071 5th Circuit cases \u2013 Federal Supplement How Courts Make Decisions \uf06e Judicial Review \uf071 Marbury v. Madison , 5 U.S. 137 (1803) \uf06e CJ John Marshall \u2013 It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.\u201d \uf071 Check for reversible errors of lower courts \uf06e Process \uf071 File notice of appeal \uf071 Record \uf071 Briefs \uf071 Appellate courts must agree to review the case by vote \u2013 oral arguments \uf071 Statutory Interpretation \uf071 Executive Review How Courts Make Decisions, cont. \uf06e Judicial Review, cont. \uf071 The Doctrine of Stare Decisis \u2013 \u201clet the decision stand\u201d \uf06e Examination of prior cases (case precedent) \uf071 Lawyers act as advocates \uf0a7 Case similarity \uf0a7 Distinguish the case if necessary \uf071 When may judges depart from case precedent? \uf0a7 When there is good cause shown \uf071 Examples of precedent followed in the Bible Parties \uf06e Plaintiff \uf06e Defendant \uf06e Appellant\/Petitioner \uf06e Appellee\/Respondent \uf06e Lawyers \uf071 Attorney -Client Privilege \uf071 Duty to clients \uf071 Ethical duties to the profession \uf071 Duties to self \uf06e Judges Jurisdiction \uf06e Jurisdiction \u2013 authority of the court to decide a case \uf071 Subject Matter Jurisdiction \uf06e State v. Federal Jurisdiction \uf06e Specialty Courts: Tax Court; Bankruptcy Court; U.S. Claims Court; U.S. Court of International Trade; Indian Tribal Court \uf071 Personal Jurisdiction \uf06e In Personam Jurisdiction \uf071 Minimum Contacts Test from International Shoe v. Washington , 326 U.S. 310 (1945) \uf0a7 Purposeful availment and foreseeability \uf0a7 \u201cat home\u201d \uf0a7 Domiciled\/Principal Place of Business \uf06e In Rem Jurisdiction \uf071 Administrators of Tulane Education Fund v. Cooley , 462 So. 2d 696 (Miss. 1984). \uf06e International Jurisdiction (ICJ) \uf06e Venue \u2013 location of the court within the jurisdiction \uf071 Ex: Hinds County Circuit Court Alternative Dispute Resolution (ADR) \uf06e Binding v. Nonbinding ADR \uf06e Mediation \uf071 Submit \u201cconfidential settlement memorandum\u201d or \u201cposition statement\u201d \uf071 Voluntary or court ordered \uf071 Non -binding \uf071 Mediator works to bring about a settlement agreement between the parties \uf071 Everything said during mediation cannot be offered as evidence at trial \uf06e Arbitration \uf071 Subject to Federal Arbitration Act (FAA) and the Rules of the American Arbitration Association \uf071 Submit claims and supporting evidence to a third party who renders a binding decision \uf071 Oldest form of ADR \uf071 Binding ADR, cont. \uf06e Arbitration Advantage \uf071 Less formal \uf071 U sually faster than trials \uf071 H andled privately; cases handled by arbitrators \uf06e Arbitration Disadvantages \uf071 Arbitrators may not have legal training \uf071 R ules of evidence usually do not apply \uf071 U sually subject to confidentiality agreements ADR, cont. \uf06e MedArb \uf071 Arbitrator first acts as a mediator and attempts to mediate a settlement. If the parties do not settle the dispute, the arbitrator then acts as an arbitrator and decides the outcome of the case. \uf06e Minitrial \uf071 This is a small scale non -binding trial where parties present evidence to a neutral third -party or judge who advises the parties of the strengths and weaknesses of the case and prepares a settlement proposal based on the trial. \uf06e Rent -A -Judge \uf071 Parties pay for a judge to adjudicate the case in a private courtroom setting. This brings about a quicker adjudication. ADR, cont. \uf06e Peer Review \uf071 Employees have a manager\u2019s actions reviewed by peers. \uf06e Summary Judgment Trials \uf071 Parties present evidence to a judge and jurors. Jurors give their advisory opinion in an effort to spur settlement. \uf06e Early Neutral Evaluation \uf071 A paid third party hears the positions and evidence from both sides and gives an advisory opinion of the likely o utcome of the case, advancing settlement. International Disputes \uf06e International Chamber of Commerce (ICC) \uf071 Is a private organization that has handled disputes since 1922 \uf071 Typical disputes include: \uf06e Trade transactions, contract disputes, intellectual property disputes, agency and corporate law disputes \u2013 business disputes \uf071 Judgments are final \uf071 Payment of judgment must be made at the hearing location \uf06e Centre for Settlement of Investment Disputes (ICSID) \uf071 International arbitration for foreign investments Litigation vs. ADR \uf06e Litigation \uf071 7 th Amendment to the US Constitution \uf06e \u2026 where the value in controversy shall exceed twenty dollars, the right by jury shall be preserved \u2026 \uf071 Expensive; follows procedural rules; follows discovery rules; follows rules of evidence; follows local rules for the specific court; time consuming; trials are public \uf06e ADR \uf071 Less expensive; does not follow traditional practice rules; quicker decisions; private proceedings \u2013 no public record of the decision or evidence presented The Litigation P rocess \uf06e Pleadings \uf071 Complaint (filed by the Plaintiff); Answer (filed by the defendant); Counter -claim; Cross -claim \uf06e Discovery \uf071 Request of Admissions; Interrogatories; Depositions; Request for Documents and Examinations \uf06e Pretrial \uf071 Motions; Pretrial Conference \uf06e Trial \uf071 Opening Statements; Plaintiff\u2019s case -in -chief; Defense\u2019s case -in – chief; Closing Statements \uf06e Post -Trial \uf071 Motions; Appeal The Litigation Process, cont. \uf06e Step 1: File the Complaint \uf071 A general statement of the claim must be filed in the appropriate court within the statute of limitations \uf06e Must describe actions that led to the claim \uf06e Must establish jurisdiction and venue \uf06e Must contain the prayer for relief \uf06e Step 2: Complaint and the Summons Served on the Defendant \uf071 Summons is the legal document from the court that requires the defendant to defend himself \uf071 Served by an officer of the court or by a paid process server; service by publication rarely accepted \uf06e Step 3: File the Answer \uf071 Must file the answer within a specified amount of time \uf071 Failure to appropriately file the answer results in a default judgment \uf071 Defendant can admit or deny allegations \uf071 Defendant can include a counter -claim against plaintiff The Litigation Process, cont. \uf06e Step 4: Dispositive Motions \uf071 Motion for Judgment of the Pleading vs. Motion for Summary Judgment (Rule 56) \uf06e MFJP is filed on the basis that there are not material issues of fact to be resolved and the party is entitled to a judgment as a matter of law. \uf06e MSJ is a request for the court to rule that there are no facts at issue and therefore the case should not go before the jury. \uf071 Motions to Dismiss \uf06e Example: Motion to Dismiss for Failure to State a Claim for which Relief May be Granted (12(b)(6)) \uf06e Example: Motion to Dismiss for Improper Service of Process \uf06e Example: Motion to Dismiss for Lack of Jurisdiction The Litigation Process, cont. \uf06e Step 5: Discovery \uf071 The disclosure, by a party, of relevant documents \uf071 Request for Admissions \u2013 admit facts in order to limit trial time \uf071 Interrogatories \u2013 written question submitted to the opposition for answers \uf071 Depositions \u2013 statements made under oath upon questioning from the opposition \uf071 Request for medial examination (mental or physical) \uf071 Request for inspection of physical items \uf071 Work Product NOT discoverable \uf071 Motion for Summary Judgment The Litigation Process, cont. \uf06e Step 6: Trial \uf071 Jury Trial \uf06e 7th Amendment Right Under the US Constitution \uf06e Absolute right in Criminal Proceedings \uf06e Jury selected from voting lists \uf071 Voir Dire \u2013 process of jury selection \uf0a7 Questions are asked to the jury pool in order to narrow eligibility \uf0a7 Challenges for cause (bias) -unlimited \uf0a7 Challenges without case (peremptory) -limited in number (usually 3) and cannot be made for race or gender \uf071 Opening Statements \u2013 summary of the case and theory of the case from each side (defense may choose to delay) \uf071 Plaintiff\u2019s case \uf06e Presentation of plaintiff\u2019s witnesses and evidence \uf06e Cross examined by the defense The Litigation Process, cont. \uf06e Step 6 (cont.): Trial \uf071 Motion for a Directed Verdict \u2013 the defense asks the court for this motion when it believes that the plaintiff has failed to prove all the necessary elements of its case \uf071 Defense\u2019s case \uf06e Defense presents its evidence and calls its witnesses \uf06e Plaintiff cross examines \uf071 Closing Arguments \u2013 each side summarizes the case; last chance to persuade the jury \uf071 Jury Instructions \u2013 judge explains the law to the jury and puts it in a form that that the jury can apply; lawyers have input in the instructions \uf071 Jury Deliberation \u2013 jurors retire to discuss the case \uf06e Criminal cases \u2013 unanimous decision required \uf06e Civil cases \u2013 most states allow for a majority decision, not unanimous \uf06e If jury is unable to reach a verdict, then it is declared a mistrial \uf06e Can request that the jury be polled The Litigation Process, cont. \uf06e Step 6 (cont.): Trial \uf071 Post Trial Motions \uf06e Motion for a Judgment not Withstanding the Verdict (JNOV) is now called a Judgment as a Matter of Law \uf071 Asks the judge to reverse the jury\u2019s verdict \uf071 Rarely granted \uf06e Motion for a New Trial \uf071 Asks the judge to grant a new trial based on an error or inappropriate action by one of the parties \uf06e Step 7: Appeal \uf071 Generally granted for \uf06e Errors of law by trial court \uf06e Newly discovered evidence \uf06e Misconduct by a party Types of Evidence\/Testimony \uf06e Burden of Proof \u2013 the obligation to prove one\u2019s assertion \uf071 Criminal Cases \u2013 beyond a reasonable doubt \uf071 Civil Cases \u2013 by a preponderance of the evidence \uf06e Direct Examination \u2013 when one party questions its own witnesses \uf06e Cross -Examination \u2013 when one party questions the opposition\u2019s witnesses \uf06e Redirect Examination \u2013 the initial party has the opportunity to re – examine witnesses after cross -examination \uf06e Expert Testimony \u2013 testimony made by a qualified person about a scientific, technical, or professional issue in the case. \uf071 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). \uf06e Hearsay Testimony \u2013 is an out of court statement, made in court, to prove the truth of the matter asserted. \uf071 Generally not admissible \uf071 Exceptions to Hearsay (almost 30 exceptions) \uf06e Example: Dying Declarations International Litigation \uf06e Which country\u2019s laws apply? \uf071 Rule: Foreign citizens may not come to the U.S. to benefit from our courts when there is adequate remedies in their own country. \uf071 Additionally, if the point of injury was in a foreign country, then the plaintiff must bring their claim in that country. \u2013 OBB Personenverkehr A.G. v. Sachs , 136 S.Ct . 390 (2015). \uf06e To procure service of process outside the U.S., you must serve through the United Nations to those entities that reside in countries that are members to the Hague Convention . \uf06e Complete reading assignments \uf06e Complete writing assignments \uf06e Answer discussion questions \uf06e Complete unit quiz 33 What\u2019s Next ? Jennings , M. (2017 ). Business; It\u2019s Legal, Ethical, and Global Environment . (11 th ed.). South -Western Cengage Learning . The Holy Bible 34 References<\/p>\n","protected":false},"excerpt":{"rendered":"

Prompt: Discuss the different types of alternative dispute resolutions including, negotiation, mediation, and arbitration. For example, which form of ADR is binding and which is not? Requirements: 250 words minimum initial post Prompt: Discuss the different types of alternative dispute resolutions including, negotiation, mediation, and arbitration. For example, which form of ADR is binding and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_joinchat":[]},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts\/258231"}],"collection":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/comments?post=258231"}],"version-history":[{"count":1,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts\/258231\/revisions"}],"predecessor-version":[{"id":260366,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/posts\/258231\/revisions\/260366"}],"wp:attachment":[{"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/media?parent=258231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/categories?post=258231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/qualityassignments.net\/wp-json\/wp\/v2\/tags?post=258231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}