LAW FOR BUSINESS
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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 wi
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eanor. Yet, it would seem that actual drug transactions would (or should) be felonies. Therefore, my opinion is that the ordinance as written is too vague and needs to be re-worked to specifically target those people loitering for a given period of time who are observed in some sort of transaction that seems to be an illegal exchange of money for drugs. But, as now constituted, the ordinance may not be valid.
HARTLEY: Among the Constitutional guarantees for Hartley are a protection from "unreasonable seizure" (that is, did some federal agents come to Hartley's plant and seize breaded shrimp?). He also has the right to confront and cross-examine his accusers. (i.e., who decided his shrimp were below standard, and was he ever properly informed of the standard, and was the specific standard included in any contract he signed with the government?).
The government must show beyond a reasonable doubt, that the crime of which Hartley is accused falls under the RICO act, and was deliberate, misleading, and created for excessive profit through fraud. In other words, the government must prove beyond a reasonable doubt that Hartley knew what he was doing, and that what he was doing was committing fraud.
Based on the brief expl
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Some common words found in the essay are:
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Approximate Word count = 1959
Approximate Pages = 8 (250 words per page)
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