Create a new account

It's simple, and free.

LAW FOR BUSINESS

Question 1: The two types of ADR most frequently used are Mediation and Arbitration. Their increase usage is due to the cost and length of having to go to trial. Mediation involves a third party chosen by the disputants, to assist them in settling it. This is valid when there seems to be no reasonable means of settling the dispute with the parties involved alone. The mediator acts more or less as an advisor, but his suggestions are not binding. Arbitration is similar, except for the fact that the neutral person selected to arbitrate makes a binding decision to which both parties in the dispute are required to agree.

Question 2: Venue is the jurisdiction where a dispute is to be heard. Venue rules are determined by the states in which the dispute occurs, but, sometimes, one of the parties in the dispute may ask for a change of venue, when one or the other feels that there is some chance the trial may not be fair.

Question 4: In the U.S. the judge in the adversary system is basically passive as well as unbiased. The judge here basically keeps order in the court, and sees that the lawyers do not use improper methods to influence the jury. In Britain, the judge is far more active. In fact, the Roman Code creates an active judge, who is empowered to search for the truth through his own direct questions instead of waiting for a lawyer to develop a case. In fact, unlike the adversary system, Roman Code judges can and do question witnesses.

Question 5: Discovery is the term for evidence gathering. This is what both sides plan to use in the trial itself. Under current law, each side must offer the evidence to one another, so that both parties have equal access to the facts. The idea here is for the case to be judged on its merits, not by sudden surprise or otherwise hidden evidence.

Question 9: Since the plaintiff comes from a different state, it is possible for this case to be heard in a federal court which has jurisdiction over ca...

Page 1 of 8 Next >

More on LAW FOR BUSINESS...

Loading...
APA     MLA     Chicago
LAW FOR BUSINESS. (1969, December 31). In LotsofEssays.com. Retrieved 11:49, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1694126.html