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The Pros And Cons Of ADR
It allows for the full or partial disclosure of previously unreleased information and documents
controlled by the United States government. The Act defines agency records subject to disclosure,
outlines mandatory disclosure procedures and grants nine exemptions to the statute. It gives you the
right to request information from federal agencies
2. Preponderance of evidence standard
The preponderance of the evidence is a standard of evidence, or standard of proof, used in civil
trials. Civil trials are cases which involve questions that are not criminal in nature. In other words, in
a civil trial, you are seeking to resolve an issue of liability for wrongdoing. For instance, you may be
seeking to show that A, a toothpaste manufacturer, negligently ... Show more content on
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Why is ADR become so popular in business disputes? Be sure to explain the major types of ADR
and the pros and cons of ADR versus traditional judicial resolution to civil disputes.
A common method of dispute resolution that avoids many of the challenges associated with
litigation is alternative dispute resolution. Alternative dispute resolution (ADR) is a term that
encompasses many different methods of dispute resolution other than litigation. ADR involves
resolving disputes outside of the judicial process, though the judiciary can require parties to
participate in specific types of ADR, such as arbitration, for some types of conflicts. Moreover,
some ADR methods vest power to resolve the dispute in a neutral party, while other strategies vest
that power in the parties themselves.
In a negotiation, there is no neutral party charged with ensuring that rules are followed, that the
negotiation strategy is fair, or that the overall outcome is sound. Moreover, any party can walk away
whenever it wishes. There is no guarantee of resolution through this method. The result may not be
"win–win" or "win–lose," but no resolution at all. Also, generally speaking, attorneys are not
involved in many negotiations. This last point may be seen as a drawback or a benefit, depending on
the circumstances of the
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Hb 4446
HB 4446 is positive for Michigan condominium associations as many developers have drafted
onerous provisions in condominium documents that do not allow for the board of directors to take
necessary to protect condominium associations action unless a 2/3 co–owner vote is a obtained and
numerous other requirements are satisfied. HB 4446 will address the following issues:
Anti–Lawsuit Provisions Decrease Property Values
Michigan residents purchase condominiums with the expectation that the condominium documents
will be enforced equally against all co–owners as a means to increase property values and preserve
the aesthetic character of the community. If the board of directors of a condominium association
cannot enforce the restrictions contained ... Show more content on Helpwriting.net ...
314663 (Mich Ct App June 24, 2014), the Michigan Court of Appeals held:
The Association contends that the prelitigation–approval provision "would deny [it] the right to even
defend itself in any litigation brought by anyone for any purpose." This interpretation is incorrect.
The provision does not preclude the Association from defending itself in the face of a lawsuit.
Rather, it sets a condition under which the Association may act on behalf of the owners for the
purpose of litigation. A vote could be conducted to spend money on a defense should the
Association be sued, or the owners could choose to default, just like any other defendant is free to
choose.
However, as indicated above, this is not really a "choice" as an association does not have realistic
chance of being able to take the necessary action to respond to the complaint in such a short time
period. By way of example, if a one hundred (100) unit association is sued for $1,000,000. The
association has twenty–one (21) days to file an answer, but fails to either a) find a location and/or
schedule a meeting in time or b) holds the meeting, but cannot obtain a quorum of members. The
twenty–one (21) days elapses and the circuit court clerk enters a default against the association.
Each co–owner would be forced to pay $10,000 to satisfy the default judgment merely because the
board of directors was prevented from hiring an attorney to defend the lawsuit. Accordingly, HB
4446 would prevent these types of situations from taking place and provide the board of directors of
a condominium association with authority to defend a
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The Importance and Use of Disclosure
In this section we will introduce the background knowledge of our topic, and we will show the
motivation of this paper by discussing related prior literature.
A disclosure is additional information attached to an entity's financial statements, usually as an
explanation for activities, which have significantly influenced the entity's financial results. In the
United States, this disclosure is usually found in the notes of financial statements, and many also
can be found in the notes section of the corporate annual report. Basically, the purpose of accounting
disclosure is to inform both current and potential investors of the accounting strategies and methods
used when developing periodic corporate financial statements.
Through disclosure, there are several effects the management wants to reach. First, managers often
issue earnings forecasts to reduce information asymmetry and therefore influence their firm's stock
price (e.g., Nagar et al. 2003). Second, managers' forecast, particularly when they involve bad news,
is aimed at avoiding litigation or at least minimizing the cost of subsequent litigation. Field et al.
(200S) find that preemptive bad–news forecasts are useful in deterring certain types of lawsuits.
Third, analysts update their forecasts in response to firms' earnings forecasts and recent evidence
suggests that approximately 60 percent of analysts revise their forecasts within five days of
management guidance (Cotter et al. 2006). Kim and Verrecchia (1994)
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Essay on Case Study-Hurry vs Jones
Michelle Vandeprool
March 10, 2013
SPD 616
IEP Case Study Review
Hurry v. Jones
Having reviewed the case Hurry V. Jones 734 F.2d 879 (1st Cir. 1984), at first reading of the case
and with my novice awareness of the law I am seriously concerned as to why this ever went to
court. IDEA and the constitution of the United States guarantee that students will receive a free
public education no matter what their handicaps. The District should have provided some method by
which this student could be educated. I am aware that people exceeding George's weight are
regularly transported to varying places if not by bus, by ambulance and other vehicles. A student
like George needs all of the education ... Show more content on Helpwriting.net ...
It seems that in this country people want to rush to the courts to fix things. George could not be
fixed by the courts so the time had come to be realistic about meeting George's needs as no law in
the United States gives the state the right to NOT meet his needs. Having looked at the final
settlement and the numbers involved it seems clear to me that the family was not out to "milk the
school district". They wanted simply to see their son get the most he could get from the educational
system and become as viable of an American citizen as possible. This case cries out for thinking
outside the box and putting the child first. Unfortunately, as I have seen from interviewing other
teachers many parents simply want a fix for their unfixable child. This case does not fall into this
category and the fact that in the end solutions were found demonstrates that point.
Unfortunately, the idea of lawsuits seems to set up a chain of actions within a school district. That
chain, once set in motion is very difficult to break. This seems to have been a misbegotten law suit
that could have been labeled frivolous and was certainly unnecessary. The outcome of all of this
legal activity was some money for George's parents, which will undoubtedly be spent providing care
to George, who will continue to have problems for the remainder of his life. This law suit allowed
for delays and a
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The American Fear of Being Sued Essay
The American Fear of Being Sued
Something basic has been stolen from American life. We have lost much of our individual freedom
due to the theft in our society. Our thieves come in the form of "sue happy" Americans. Doctors are
paranoid, teachers are weakened and religious consultation is decreased. You would have to be a
fool to say what you really think in the workplace. Increasingly, people believe that they cannot
make a difference. Today, the medical industry has been transformed. Doctors must live by a
different code of ethics other than their oath. Legal fear has put the doctor–patient relationship in
jeopardy. Today, physicians view patients as potential malpractice litigants. Therefore, doctors order
unnecessary ... Show more content on Helpwriting.net ...
The girls mother got angry and had words with the other mother. The angry mother then sued for a
restraining order to keep the boy off the same playground. Could you believe the judge issued an
injunction? What we once considered harmless childhood play is no longer allowed on our
playgrounds. Seesaws, monkey bars, and merry–go–rounds are considered dangerous and a sign of
the past. When considering the past, faith has been an integral part of how society functions. No
matter what faith, lawsuits do not discriminate. Philip K. Howard stated, "Nothing is sacred.
Ministers now are increasingly told not to counsel troubled parishioners because, who knows,
maybe someone will sue if the couple ends up getting divorced." How can we as fellow parishioners
allow this to happen? When did we develop a fright for participating in a faith? Lets permit
ministers to counsel as they have for centuries. Church and State have always been separate, lets
keep it that way! Sociologist Orlando Patterson asked the question, "Do you think whites are afraid
of discrimination claims? Frozen with fear is more accurate." The sociologist observed, "no Euro–
American person…dare say what he or she really means." Fear of a discrimination claim
hangs over all black–white relations in the workplace. A lawsuit that favors no cultural background
is sexual harassment. Trying to be fair, American law, has shut out our ability to be ourselves in
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Questions Of Debt Collection Questions
Debt Collection Questions I
Disclaimer: Does someone owe you less than $100,000? Suing probably doesn't make sense in those
cases sins you'll probably spend more in attorney fees trying to recoup that money. Even if the
ruling is in your favor, collecting the judgment is not guaranteed.
With that in mind, clients always want to know how to get money from someone that owes them.
Unfortunately, lawsuits are not resolved in a TV show that's an hour long. You will not magically
get your outstanding money or not have to pay any lawyer fees. There will be no celebrations or a
big check delivered to your door.
Although this is a bit if a stretch, you get the idea that getting money owed is not a simple task.
Even if you spend money and time ... Show more content on Helpwriting.net ...
Note that companies are only allowed to represent themselves in small claims court. All other courts
require an attorney.
When the lawsuit has been filed and served, the party owing the money has 20 days to respond. A
default judgment can be sought against them if there is no response. Should they respond with an
"answer", then you enter into litigation and will be fighting for at least a year while spending lawyer
fees that you might never get back. In some instances, there might be a settlement in the case but
there will be the time and money costs involved even to get to that stage.
I don't usually discourage clients from fighting for what's right, they have to face the reality that
litigation is a time–consuming and costly process. Most of my clients are small business owners and
a lawsuit can cripple them due to the high costs as well as the time it takes them away from doing
their actual business.
Most lawyers state that unless the amount owing exceeds $50,000, it isn't worth suing since most of
your time and money will go into attorney fees in an attempt to recover money that you might not
be able to ultimately collect.
Therefore, you should really think about the suing option if you are owed money.
Going with a collections agency is another alternative; however, the majority of collection agencies
will not take on your cause unless you are able to prove in writing that that money is owed to you.
So what should you do?
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What Is A Guardian Ad Litem?
Goal: to post a guide to hiring a guardian ad litem Total Word Count In This Document: 912 Title: ?
Should You Hire A Guardian Ad Litem?? What is a guardian ad litem? According to the Free
Dictionary, a guardian ad litem is a guardian who is appointed by a judiciary court to represent the
interests of an infant, an unborn child, or someone who is incompetent (and otherwise unable to
adequately represent themselves) in cases of legal action. Generally, guardians are adults who are
legally responsible for protecting the interests and wellbeing of their ward, who is typically a minor,
but a guardian ad litem is a special kind of guardian whose relationship with a ward or minor has
been created by a court order only for the duration of a certain legal action. Guardians ad litem are
typically appointed by courts to be special representatives for minors including infants and small
children or people who are mentally incompetent. These are groups of people who need the most
help protecting their rights in court in legal actions. The concept of and need for a guardian ad litem
arose sometime during the nineteenth century but didn?t become all that important in the legal
world until the late twentieth century, particularly in the 1970?s and 1980?s, when the public
became increasingly concerned about children?s welfare. The two social developments that brought
about this increased need for guardians ad litem were the then–alarming rise in divorce cases and a
greater awareness of
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Daimler 's Corporate Social Responsibility
Daimler's Corporate Social Responsibility (CSR) Efforts
Introduction
Daimler, an automobile company headquartered in Germany is the owner of Mercedes–Benz, one of
the most recognizable car brands in the world. The firm's Corporate Social Responsibility is
discussed in this report.
Corporate Social Responsibility
Corporate Social Responsibility is an initiative companies voluntarily follow to give back to the
local and global community. CSR includes such causes as environmental conservation and
sustainability, diversity and equal employment opportunity, and volunteer service projects and
charitable giving. More companies now practice CSR because the public expects businesses to act
responsibility.
Daimler's CSR activities include positive and negative practices, with the company leading by
having strong core values, volunteer opportunities, and international efforts, but lagging in the areas
of discrimination and pollution. Daimler has had problems with racial discrimination and sexual
harassment. Pollution complaints include odors coming from the Daimler plant in Portland, Oregon,
and diesel cars emitting more pollution on the road than in regulatory tests.
Daimler's Positive CSR
Core Values Daimler holds these core values:
Ethical Responsibility
Product Responsibility
Corporate Environmental Protection
Employees
Suppliers
Social Responsibility Within the area of social responsibility, Daimler values:
Promoting Science
Education
Road Safety
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Gucci Lawsuit Against Gucci
Gucci America makes high end luxury footwear, handbags, sunglasses, wallets, and belts. This
apparel company hires a private investigator to purchase from Wang's website that sell counterfeit
Gucci goods. After the product is delivered and is confirmed counterfeit, Gucci America filed a suit
against Huoqing in a federal district court. Thesis: A U.S company can take action legally towards
an individual from another country whose only contact to the United States is by a website.
Why Gucci Filed a Lawsuit against Wang Gucci has trademarked more than 21 registered trademark
which consist of the word "Gucci" and other symbols. Defendant Wang Huoqing who resides in
China has register, establish, and at that time maintain more than 24 counterfeit goods website such
as, bag2do.com, bagdo.com, ibagto.com, my4shop.com, and ebagdo.com. This websites offer
counterfeit goods with Gucci marks and name on a significantly lower quality compared to the
genuine counterparts.
Gucci as plaintiff accuse that Wang's website sells goods with the knowledge that his product will be
mistaken as a genuine goods designed, made, and approved by plaintiff. Also, this may bring
confusion and deception among general public. There are some reason why Gucci is able to file a
lawsuit towards Wang in the U.S Federal Court. First, Wang's website is an interactive website with
an intention and mission to sell counterfeit products. The second reason was that website sells and
ships their product to the United
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Compensation System For Medical Care And Lost Wages
After an injury on the job, many people look to their state's workers' compensation system to
provide payments for medical care and lost wages. The workers' compensation programs in both
Pennsylvania and New Jersey provide fast, reliable payments to injured workers, but in return,
prevent most workers from filing a lawsuit over injuries sustained on the job.
While the workers' compensation system may limit some types of lawsuits, a person who was
injured by the actions of a third party will still have the right to file suit. If the circumstances below
apply to your injury, you may be able to seek additional compensation for your pain and suffering.
What Is a Third Party Claim?
When a worker's injuries are caused by someone who is not ... Show more content on
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The amount of money the worker receives will depend on his or her salary prior to the accident as
well as the severity of the injury.
While workers' compensation is invaluable for many injured people, the system does not provide
enough money for most people to survive for long. The system does not pay injured workers for
their pain or suffering, and most of the time these benefits are simply not enough.
In contrast, a third party lawsuit allows an injured person to seek compensation for all of his or her
damages, including damages for pain and suffering and other non–economic damages. This allows
injured people a better chance of supporting themselves long term after a serious injury.
In some states, like Pennsylvania, an injured person's employer may either initiate or join a third
party lawsuit. This is because state law allows for subrogation, meaning that any money the
employer paid out through the workers' compensation system can be recouped from the third party
settlement or verdict.
Lawsuits against Your Employer
Usually, you cannot sue your employer if you were injured on the job except in certain limited
circumstances. For employers, the benefit of carrying workers' compensation insurance is that they
are generally immune to lawsuits. However, there are three exceptions to this rule.
First, you can file a lawsuit against your employer if the company does not carry workers'
compensation insurance. If the
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The Lawsuit: Examining the Characters
Casey Oram
4 March 2011
English 1020
Essay 1
The Lawsuit: Examining the Characters
The definition of a lawsuit is a civil action brought in court in which a plaintiff demands another
person, known as the defendant, pay this person equitable resolve (dictionary.com). In other words
they want payment for being wronged in the past. If the case is found to be legitimate and proven
justifiable, the defendant pays the plaintiff the awarded compensation. This brings us to the story,
The Lawsuit, by Naguib Mahfouz. This tale is about a son being sued by his father's widow
demanding maintenance be paid to her some twenty years after the father's death. Several of the
individuals in this story serve very little purpose. ... Show more content on Helpwriting.net ...
The police were called and the eldest son went to prison, where he died a year later.
One of the main round characters is the widow, the father's new young bride. She was in her
twenties, where as the father was in his fifties. She might even be portrayed as a gold–digger.
Dictionary.com defines this as a woman who associates with or marries a many chiefly for material
gain. This was definitely the case with this story. The widow was described as a ravishing beauty
when in her twenties. The family sat and watched as the father purchased lavishing presents for his
new wife. When the father died from a stroke, the family asked about the key to his cupboard, where
the father hoarded his money. The widow claimed not to know anything about such a key or
cupboard. The family finally found the key and opened it. They found a few notes and only five
thousand pounds, which the widow inherited. They wondered what had happened to the fortune. As
the mother had predicted, the young bride would leave them all "without a bean" (Mahfouz, 92).
Now with no education and little money left, the widow went to live with her parents. The youngest
son, who was the person being sued for maintenance, wondered if his father's young bride's
youthfulness and beauty had "withstood the passage of time" (Mahfouz, 90)? At the time of the
lawsuit, now in her forties, the widow was over–weight and over time had lost her sense of beauty.
The lawyer stated
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The Ethics Of A Government Intelligence Contract
Interests
Interests include those who have a stake in an issue and the organizations they form. It can also
include special interest, activity and advocacy group. All the interests mentioned in this section will
cover the various issues mentioned in the above sections. Some of those interests are their
customers, pension fund executives and managers, Oracle media representatives, employees, Oracle
community (blog, users and user communities), United States Air Force, database administrators,
database developers, vendors, Oracle technology writer/analyst/commenter specializing in
enterprise software, etc. Also included are, other similar technology corporations watching Oracle`s
next steps, the Attorney General, government officials, ... Show more content on Helpwriting.net ...
Solicitor General, Judiciary (Court – Federal, State and District Court), news media, social media,
client or vendor opinions and their sentiments. Also included are international institutions like the
European Union (EU). (Kendall, and Ovide, 2015)
Information
Information refers to what interests and institutional office holders know about an issue, the
consequences of alternative courses of action, and the preferences of those concerned with the issue.
Issues are often contested (by lawsuits or social pressures), as interests have conflicting or different
information. Information leads to progress or resolution of issues. Oracle had initial information
about the violations, and was able to gather all additional information and provide relevant proofs.
The proofs help to resolve or advance the lawsuits. Those could include listing the specific sections
of the law violated, and log/trace files (technical information) proving illegal activities done via.
Oracle`s website as in the case of illegal downloads. Information was also provided about the
contract breach, steps taken for a hostile takeover and its justifications. The information is provided
from various sources. Some of the other interests include activists, government institution, media,
more information on the Rimini Street issue and infringement issues with Oregon.
Issue – Rimini Street`s illegal conduct
Any issue that threatens Oracle`s reputation should be taken seriously. Issues tarnish firm`s
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A Brief Note On Virginia And Divorce Mediation
Keywords: Virginia divorce mediator, business litigation in Virginia, divorce mediation lawyer in
Virginia, business disputes in Virginia What to Tell Your Virginia Divorce Mediator Attending
divorce mediation is one of the best moves the parties involved in one of these stressful cases can
make. During divorce mediation in Virginia, a neutral, called the mediator, will assist the parties
with negotiating and creating an agreement to settle their case. The mediator does not decide any
issues for the parties. In Virginia, divorce mediation may cover as many issues as the parties like,
just as if they were in a courtroom trial. Virginia divorce mediators help the parties navigate through
each of the issues in the case and figure out ways to resolve them. Whether you have an attorney or
you will be attending mediation on your own, there are certain issues that you should be sure to
discuss with your mediator. When a settlement is reached at mediation, it is usually memorialized in
a document, which is submitted to the family court to become part of a court order. If certain issues
are not discussed with the mediator, they will be left out of the court order. First, if your spouse has
made any accusations against you, you should be prepared to defend yourself against these claims.
For example, if your spouse is accusing you of hiding information about your income, provide bank
statements, credit card statements, and other income information to the mediator. Providing
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Daimler 's Corporate Social Responsibility
Daimler's Corporate Social Responsibility Efforts
Introduction
Daimler Daimler, an automobile company founded in 1998 and headquartered in Germany is the
owner of Mercedes–Benz, one of the most recognizable car brands in the world. Daimler is a
Fortune 500 company and produces an array of luxury automobile products including, but not
limited to, cars, trucks, motorhomes, and buses. Mercedes–Benz and Daimler products are
recognized and driven around the world.
Corporate Social Responsibility
Corporate Social Responsibility, or CSR, is an initiative companies voluntarily take part in to give
back to the local and global community. There are numerous domains of corporate social
responsibility, such as environmental conservation and sustainability, diversity and equal
employment opportunity, and volunteer service projects and charitable giving. The number of
companies embracing the practice of corporate social responsibility has increased in recent years, as
the public has formulated higher expectations that companies act responsibly. Numerous companies
have given in to this pressure and have adopted policies to show the public that they value the
different domains of CSR. However, despite this attempt to become more socially responsible,
companies may excel in some areas while they lag in others, leading to a mixture of both positive
and negative CSR within the same company. Daimler is one company that has both positive and
negative CSR practices, with the company leading by
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Legal Issues
CadMex Pharmaceutical Memorandum To: Mr. Jack Brandt, CEO; Kera Sawyer, International
Legal Counsel From: Dan, Vice President of International Business Development Date: March 9,
20XX Subject: Current Gentura Status I would like to take this opportunity to bring everyone up to
date on the status of our relationship with Gentura. We have been working in partnership with
Gentura a biotechnology company based in Candore since 2007. Candore, a small developing island
country in South East Asia, has been under the dictatorship of President Gwendoz since 2004.
President Gwendoz, encourages foreign investments into Camdore however, these investments
come with some risk. All Camdore international business transactions are subject to the ... Show
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legal Issues Health authorities estimate that 1% of Candor's population would be infected by the
viral outbreak in March of 2012. Gentura was under pressure by the new government to subsidize
the price of ViroBlax. The subsidization of ViroBlax would be a breech of contract with CadMex.
Furthermore, Gentura is the only licensed manufacture of ViroBlax in Candore. Acting as the Vice
President in charge of International Business Development, I directed our legal counsel to take no
legal action, but claim compensation from Gentura. I based my decision from the fact that legal
actions against Gentura would weaken the partnership between CadMex and Gentura, and could
take a great deal of time to arbitrate with nonbinding results. The alternative of asking Gentura for
shared marketing rights for another drug was considered, however through conversations with
Gentura's CEO Vail Saman, and our legal counsel of Kera Sawyer I decided that this option was not
in our best interest to peruse. Unfortunately, in April of 2012, the Candore health authority increased
the percentage of people infected with the viral outbreak from 1% to 3%. Gentura is unable to meet
the demand for ViroBlax due to the increased percentage of people infected with the unidentified
viral outbreak. The Candorean government has suspended the CadMex's patent on ViroBlax, due to
the national health emergency. In addition, the Candorean government has decided to provide
compulsory licenses for domestic
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A Lawsuit Over Plagiarism in H. Bruce Millers Life is Not...
In "Life is Not Measured by Grade–Point Averages" by H. Bruce Miller, Miller announces that a
young lady named Gabrielle Napolitano was suing the University for accusing her of plagiarism in
her paper. Napolitano hired a lawyer and built the case stating that the so called "plagiarism" was
just a, quote "technical error" (Miller, par.2). Miller announces this problem but doesn't get his true
argument out until the last few paragraphs of his paper, stating that students need to stop worrying
about their grades or grade–point averages and need to start enjoying the process of learning, to
embrace the knowledge and use it without the fear of lack of money in the back of their minds.
Miller uses strong terminology throughout his paper and ... Show more content on Helpwriting.net
...
Miller does not take in account that Napolitano might have been suing for what was right, suing the
University because she was having her life delayed for a mistake.
Miller doesn't include Napolitano's side of the story but he also does not relate to his audiences
beliefs and includes fallacies in his writing. Throughout the paper there was no emotional statements
or statements showing understanding for the students of the Nation, Miller automatically assumes
that everyone is just worried about grades and not actually there to learn for the fun and joy of it.
There are several occasions where Miller uses the faulty causality fallacy, for example; Miller states
"Students get a lower grade in a course than they think they deserve; they sue. Students graduate
and fail to get a job, or as good a job as they expected; they sue"(Miller, par.3). At this point he is
using the faulty causality fallacy by making that the assumption that negative outcomes would
automatically lead to suing, for example "Jacob got a bad grade on his school work so he sued the
school".
Even though Miller makes assumptions in his writing, he does keep the reader's attention with a
face–paced tone and long sentences with similes. For example, when Miller says "The notion that
the principal, or only, purpose of going to college is to win a ticket of admission to the great upper
middle
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Personal Injury Lawsuits
When Is It Too Late to File a Personal Injury Lawsuit in Indiana?
Being injured in an accident is a traumatic life event. In just a few seconds, another person's choice
can turn your life upset and dramatically change your future. When another person or party causes
you to be injured, you may have a civil claim against that party for damages. Indiana's personal
injury laws provide a legal way for you to file a civil lawsuit against the at–fault party to receive
compensation for your injuries.
However, many people are not aware that they have a limited amount of time to file a personal
injury lawsuit. Indiana's Statute of Limitations sets time limits for injury victims to file a personal
injury lawsuit. If a lawsuit is not filed before the ... Show more content on Helpwriting.net ...
However, there are always exceptions to the general rule.
Exceptions to the Statute Of Limitations
If a child is the victim, you may have additional time to file a personal injury lawsuit. Likewise,
someone who is incompetent may also have addition time to file a personal injury lawsuit. In
addition, if you were not aware of the injury, as in the case of medical malpractice where symptoms
do not appear until much later, you may have additional time to file a medical malpractice lawsuit.
On the other hand, if a government entity is involved in your accident, you may be required to file
notice with the government entity within a short period of time to protect your right to file a
personal injury lawsuit. Because there are exceptions to the general rules regarding time limits to
file a personal injury lawsuit in Indiana, you should call our office as soon as possible to speak with
an experienced injury lawyer.
Call For a Free Legal Consultation Regarding Your Personal Injury
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Week 5 Reflection Paper
Learning Team Reflection
Andre Parker, Kellie Baker, Michael Wheeler and Jeffery Stewart
LAW/531
June 16, 2013
Erikka Hise
The Foreign Corrupt Practices Act This assignment instructed us to read four articles concerning
Legal Issues in International and Domestic Business Foreign Corrupt Practices Act. Within this
assignment it discussed the crisis in corporation's unethical practices. The Foreign Corrupt Practices
Act of 1977 sparked the argument that United States companies are disadvantaged in international
markets. The act has been controversial since its enactment, with some critics attacking it as
ineffective and the American business community complaining that it places U.S. enterprises at ...
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Civil lawsuits can also cause problems with a company's director and officer insurance coverage.
Most policies in some organizations will not cover FCPA civil penalties awarded against officers,
directors, and or employees of a company. Klein and Aguilar (2010), Stuart says FCPA programs
must also consider how the company does business in different regions, so its controls address
specific practices and operations in those regions, and aren't just generic controls that apply (with
mixed results) worldwide. I agree that the FCPA should consider the region and nature of individual
businesses. Every need of any company or operation will never be alike. Conclusion Nevertheless,
we believe most companies would be judicious to distribute their funds into strategic compliance
planning. According to "Compliance Planning" (n.d.), compliance planning are any individual or
individuals providing services and submitting a claim for payment by the federal government must
be alert to the potential for liability stemming from an inappropriately submitted claim. The federal
government has the authority to investigate the claim's propriety and the authority to impose
sanctions in which an investigation finds fault with a claim, ranging from a possibly inadvertent
mistake to a determination that the claim was fraudulently
... Get more on HelpWriting.net ...
The Ethics Of Christopher Roller
Christopher Roller is God and therefore he has godly powers, or so he thinks. In June of 2005,
Christopher Roller, a resident of Minnesota, sued two magicians (David Blaine and David
Copperfield) for defying the laws of physics and using Godly powers. He claims that he is God and
so, therefore, they are stealing his powers. He demanded that the magicians show their secret tricks
to him and give him 10% of their total income for life. Wow, now that is so ridiculous that it's funny.
This is one of the many examples of frivolous lawsuits that we see today in our society. Our courts
of law have been littered continuously with cases like this. The justice system is being abused; our
taxpayer money is being flushed down the toilet with these lawsuits. In 2006, the WESH news
group reported that "Since 2004, at least 336 lawsuits have been filed against local governments,
costing taxpayers more than $16 million". Much can be done with 16 million in local places. But
that doesn't happen. First of all, we spend our precious money on ludicrous suits. Secondly, these
lawsuits affect our society, and they clutter our court system. Third of all, people take the rights that
we have in our nation and abuse them to the maximum. In America, we have so many freedoms,
more than many in other countries. Our justice system is one of the greatest advantages to the
people because everyone is equal under it. In the court, everybody, no matter the rank in society
everything is viewed with the same
... Get more on HelpWriting.net ...
Legal Process Paper
Legal Process Paper
John's first step in the process is to go online or visit the nearest EEOC office. There they have an
assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to
give John help, Part one asks general questions about the complaint. John will be asked if he wants
to complete Part two after he answers the Part one questions which will ask more specific questions
about his situation and will allow him to submit this information to the EEOC for follow–up.
Completing this two part assessment system is not the same as filing a charge. If John wants to sue
his employer in court one day or if he wants the EEOC to investigate his complaint he is required to
file a charge. After John ... Show more content on Helpwriting.net ...
EEOC can seek to settle a charge at any stage of the investigation if the charging party and the
employer express an interest in doing so. If settlement efforts are not successful, the investigation
continues.
In investigating a charge, EEOC may make written requests for information, interview people,
review documents, and visit the facility where the alleged discrimination occurred. When the
investigation is complete, EEOC will discuss the evidence with the charging party or employer, as
appropriate.
The charge may be selected for EEOC's mediation program if both the charging party and the
employer express an interest in this option. Mediation is offered as an alternative to a lengthy
investigation. If mediation is unsuccessful, the charge is returned for investigation.
A charge may be dismissed at any point if, in the agency's best judgment, further investigation will
not establish a violation of the law. When a charge is dismissed, a notice is issued in accordance
with the law which gives the charging party 90 days in which to file a lawsuit on his or her own
behalf.
Federal employees or applicants for employment should see Federal Sector Equal Employment
Opportunity Complaint Processing (U.S. Equal Employment Opportunity Commission, 2003).
The EEOC will take certain steps to resolve discrimination charges: If the evidence obtained in an
investigation does not establish that discrimination
... Get more on HelpWriting.net ...
Civil Liability Essay
Private Police and Civil Liability
Dan Seemann
SEC/350
August 4, 2014
Darrin Waters
Civil Liability and Private Police
Private police and security continue to grow at a rapid pace because of reduced Constitutional
restrictions, but employers must also understand the increased civil liabilities associated with
employing private security. This paper will help to evaluate civil liability and how these liabilities
are applied to private police forces. Another key element will be to identify and recommend certain
measures that can be implemented to help mitigate organizational and institutional liability.
Mitigating these liabilities will enable a larger return on investment for the business using these
private security forces. ... Show more content on Helpwriting.net ...
The next type of tort law is based on intentional negligence. This type of tort requires that the
burden of proof show that the officer willfully engaged in an activity that would knowingly bring
harm or injury to a person. Intent can be very difficult to prove and usually account for a minimal
number of successful civil suit, one such case, "Morgan v. The City of Alvin, No.01–02–01212, 175
S.W.3d 408 (Tex. App. 1st Dist. 2004). See also Schauer v. Morgan, 01–04–00142, 175 S.W.3d 397
(Tex. App. 1st Dist. 2005), ruling that the officer, as a city employee, had immunity from liability in
the arrestee's claims against him individually, since the immunity granted to government employees
under the Texas Tort Claims Act is not limited to actions carried out within the scope of their
employment or in good faith." (Farber, 2007) Strict liability is the last type of tort law where the
damages must be severe for this law to be applied. This law can be applied to both the officer and
the organization when assigning damages, and is most often assigned to the organization as an
individual can rarely pay the damages. Additional considerations that can be associated with state
tort liabilities can include wrongful death, assault and battery, and false arrest and false
imprisonment. Some crimes only include some of the principles of liability, while others may
contain all principles, and are known as true crimes.
An example of liability associated with a negligent
... Get more on HelpWriting.net ...
A Civil Action Term Paper
A Civil Action Paper
In class, we have learned many important topics in the legal, ethical, and regulatory environment of
business. However in the classroom setting, we have examined each of these topics individually.
Jonathan Harr's A Civil Action allows us to see how the topics learned relate to one another in the
context of a real world setting. His book provides an engaging read about the legal practice action
while connecting the topics of the relationship between law, business, and ethics; the court system
and litigation; alternative dispute resolution; and the nature of the corporation. A Civil Action
complements the material learned in class, and it helps to create an overall cohesiveness between the
topics learned in class that ... Show more content on Helpwriting.net ...
A court can exercise personal jurisdiction over any person or business that abides within a certain
geographic area, or any out of area defendant as long as there was minimum contact with the area to
justify jurisdiction. Each state has its own long arm statue in place that defines minimum contact.
Personal jurisdiction for federal courts is broad, extending to any persons within the United States,
whereas personal jurisdiction for state courts is much more narrow. Different courts have the
authority to hear different kinds of cases. Subject matter jurisdiction for federal courts is relatively
narrow. There must be an issue of federal law, or there must be a dispute between citizens or
businesses of different states and the amount in question must at least $75,000. States have a much
more broad subject matter jurisdiction; they can hear pretty much any matter, whether involving
state or federal law. Jurisdiction played a key role in the outcome of the lawsuit in A Civil Action.
The plaintiff's lawyer, Jan Schlichtmann, filed the original complaint against W. R. Grace and
Beatrice Foods in state court. Schlichtmann, a personal injury attorney, spends most of his time
there; personal injury is heard much less frequently in federal court. William Cheeseman, the
attorney for W. R. Grace, almost immediately removes the case to federal court since W. R. Grace's
headquarters is in New York and the amount in question is clearly over
... Get more on HelpWriting.net ...
Pros And Cons Of Class Action Lawsuits
Class action lawsuits are suits in which one party represents a group of people which are not named.
These groups can range from a few hundred to well into the millions. While the basic principle
between traditional civil lawsuits and class action suits are the same. They possess many minute
details that when all added together form an entirely different system. The most common lawsuit
occurs when the defendant usually a large corporation is alleged to have done something wrong
which effected a large group of people. One of the major benefits of these type of suits is they act
both as a deterrent and a punishment for companies that do things like false advertising, but one of
the major disadvantages is the extremely low payout per person. ... Show more content on
Helpwriting.net ...
Class action lawsuits also serve an interesting role they allow for market regulation without heavy
governmental oversight. If a company is doing something unethical instead of spending large sums
investigating allegations the government could instead allow people to regulate through litigation.
This has led to the idea held by some that class action lawsuit as a form of reparations for
grievances is extremely ineffective but as a deterrent and punitive tool they can be extremely
effective. The second benefit is that of a punitive measure against a company for violations. If
companies do violate the law then class action settlements could be seen as a major form punitive
action against companies. This can be especially true when company's commit gross violations like
selling products they know to be defective or outright lying about the properties of a product. These
punitive measures as well as their ability to deter companies is one of the great benefits of class
action lawsuits. Government imposed fines are usually small compared to class action lawsuits.
Fines are also less likely to receive press like class action lawsuits which makes fines less effective
as a
... Get more on HelpWriting.net ...
Accounting for a Loss Contingency Verdict Overturned on...
Re: Accounting for a Loss Contingency Verdict Overturned on Appeal
Date:
Relevant Facts:
W Inc and your company have been engaged in litigation over a specific patent infringement matter.
In May 2007, W filed a claim.
On December 31 2007, your company determined that a loss in connection to the claim was
probable.
The company estimated a loss between 15 and $20 million USD.
$17 million USD was named as the most likely amount of loss.
A jury trial took place on September 2009.
On September 24 2009 the jury found in favor of W.
The judgment required your company to pay W $18.5 million USD.
In November 2009, your company filed an appeal.
In December 2010, the court of appeals overturned the jury ... Show more content on
Helpwriting.net ...
Options:
a. Prior period adjustment.
b. Change in estimate (2009 event).
A prior period adjustment is a correction, for an accounting error, on the financial statements of a
prior year. ASC 250–10–50–7 states that "when financial statements are restated to correct an error,
the entity shall disclose that its previously issued financial statements have been restated, along with
a description of the nature of the error. The entity also shall disclose ...the cumulative effect of the
change on retained earnings or other appropriate components of equity or net assets in the statement
of financial position." The adjustment to the estimate is not a correction due to an error. Therefore, it
should not affect or restate retained earnings or liabilities recorded in prior periods
The company should report the change in the contingency accrual as a 2009 event due change in
estimate. ASC 250–10–45–17 specifies that "a change in accounting estimate shall not be accounted
for by restating or retrospectively adjusting amounts reported in financial statements of prior
periods." Additionally, ASC 450–20–25–7 indicates that "all estimated losses for loss contingencies
shall be charged to income rather than charging some to income and others to retained earnings as
prior period adjustments".
Sample Journal Entry:
Loss (Expense)........................................ 1,500,000
Contingent Liability–Litigation.....................1,500,000
Specific Issue 3:
When should
... Get more on HelpWriting.net ...
The Case Of Eugenie Bouchard
Public or Private Law
The case of Eugenie Bouchard involves private law, because it involves two separate individuals or
small groups attempting to resolve a specific private dispute. In order for a matter to involve public
law, it must affect the general public or the state, which would represent as one of the parties.
1. (a) This case would involve a civil action because Eugenie is alleging that the United States
Tennis Association was negligent, and that the negligence was responsible for her injuries.
Negligence is one of the three main types of torts, and since a tort by definition is a civil wrong, this
would definitely involve civil law.
(b) Eugenie filed a lawsuit against the USTA claiming they were negligent, causing her to ... Show
more content on Helpwriting.net ...
The geographical location of the incident and the fact that Eugenie is filing a civil suit means that
there are two possible courts that could deal with the case: the New York City Civil Court and the
United States District Court for the Eastern District of New York. The New York City Civil Court
handles matters that would be defined in Canada as small claims, it decides law suits that involve
claims of up to $25,000 in damages. Although the specific dollar figure that Mrs. Bouchard is
seeking in damages isn't known to the public, she was forced to withdraw from a tournament in
which the first place prize is $3.3 million, so it is safe to assume that she will be seeking more than
$25,000 in damages.
(d) The purpose of the proceedings brought on by Eugenie Bouchard is to be compensated for the
potential earnings she lost by having to withdraw from the US Open and miss other tournaments.
Eugenie's desired outcome would be to prove that she would have performed well enough to earn a
significant amount of money had she not slipped and suffered a concussion.
(e) In a civil matter such as this one, the amount of proof required would be dependent on the
balance of probabilities. In this specific case, Eugenie will have to prove that is more likely that the
USTA is responsible for her injury due to negligence than Eugenie herself was, and, she will have to
prove that it is more than 50% likely that she would have earned a significant amount of money
from the
... Get more on HelpWriting.net ...
Blue Lawsuit Research Paper
Lawsuits can come from out of the blue. One day life is good, and the next, someone is taking you
to court. This statement sounds like an exaggeration only because no particular lawsuit case is
presented here to back it up. However, few people get themselves sued intentionally. It happens
because of an accident, a mistake, or a situation that escalates into a lawsuit. To the defendant, its
unexpectedness does make it seem as though it came from out of the blue. So why do lawsuits
happen? Why do people sue? Here are three common reasons:
A Person Sues for a Legitimate Reason
If the mail delivery person slips on black ice in your driveway that was created because you allowed
water runoff from your basement sump pump to flow across it and freeze, ... Show more content on
Helpwriting.net ...
The reason is they know they have a good chance at winning.
The Internet is filled with law firm websites that advertise their areas of practice. Many have blogs
that educate the public on why they should pursue a lawsuit and how to go about it. These lawyers
provide free initial consultations and take their fee from the damages should they win the case. For
some individuals, the opportunity is irresistible.
A Person Sues for Emotional Reasons
This often happens because the defendant mishandled the incident that led to the lawsuit. For
example, suppose your dog bolts out of the door when you open it to get the mail, and your dog
bites a pedestrian in the street. The pedestrian becomes furious and freely vents his anger toward
you. You react in kind and get into a heated argument with the victim. This person not only has a
case against you technically, your handling of the incident gave him a powerful emotional
motivation to go through with a lawsuit:
... Get more on HelpWriting.net ...
Argumentative Essay On Gun Control
When tragic, major events happen in the United States, you can always expect an argument or
something to unfold about how to prevent something similar from happening again. On October 1st,
a man named Stephan Paddock, shot and killed 59 people including himself, while injuring an
additional 546. This shooting is now considered the deadliest attack in United States history, so of
course you can expect an ongoing political conversation on how to prevent attacks like this. During
the attack, Paddock used what is called a "bump stock," on many of his guns, making his guns' rapid
fire, like an automatic gun, which is what made it so easy for him to open fire and attack so many.
After the tragic event, a gun control organization looked into the ... Show more content on
Helpwriting.net ...
Considering The Washington Post is a primarily "liberal" or democratic news hub, most liberals are
"pro–gun control," while most "conservatives" or republicans are "pro second amendment."
Therefore, if this article was written on a different news hub, it could've had a different perspective,
or perhaps more to say. This article was published to inform readers about important events
happening in the world. The article gives the background information that one of the nation's gun–
control group, The Brady Center to Prevent Gun Violence, filed a lawsuit against the people who
sell "bump stocks." The group is choosing to sue the sellers because the gunman from Las Vegas,
had bump stocks installed on some of the guns he used to carry out the deadliest mass shooting in
the United States. The group says they are also seeking to sue to help the victims pay for their
medical treatment and such. The article then continues to give background information about the
actual use of these devices and how they were originally made to help disabled people. The bump
stock is made to be like an automatic gun. The writer presents her article as knowledgeable about
the topic, but not an expert. She uses quotes from people
... Get more on HelpWriting.net ...
Accounting for Pending Litigation and a Verdict Overturned...
Accounting for Pending Litigation and a Verdict Overturned on Appeal Our team is given the task to
account for a pending litigation. We are to determine how pending litigation should be reported on
the current and future financial statements. M Corporation was sued for patent infringement and we
will present whether M Corporation should accrue a liability, disclose a liability, do both, or do
nothing. The case accounting for the litigation and the subsequent overturned verdict was ongoing
for four years between M Corporation and W Corporation and, as litigation is unpredictable,
changes will have to be made accordingly. We will present how M Corporation should a) account
for the pending litigation in 2007 – the year the claim was ... Show more content on Helpwriting.net
...
Based on this information, only an immaterial amount of companies actually accrue a liability in
their financial statement. Therefore, M Corporation will simply provide disclosure of the
contingency and an estimate of the possible loss or range of loss for the future pending litigation in
its 2007 financial statement under Note: Contingencies and Commitments. If M Corporation
accrued a liability on its 2007 financial statements, then the company becomes too transparent to
opposing counsel and it could have serious adverse effects on M's operations. Considering real
world practices, as well as in accordance with the conceptual framework from the textbook, accrual
of a loss from ongoing litigation is rare. Companies usually do not record a loss until after the
ultimate settlement has been reached. For example, the Las Vegas Sands Corporation, in a recent
quarterly report, disclosed but did not accrue damages from a lawsuit it lost, even after the award
was affirmed by the trial court, because the company believe that it has valid bases in law and fact
to overturn or appeal the verdict. Consequently, M corporation should not accrue the contingency
loss but continually disclose the matter even when a judgment was reached against the corporation
to pay $18.5 million in 2009, given that the
... Get more on HelpWriting.net ...
Mcdonald's Misunderstood Case
I recall hearing about a case years ago when a lady sued McDonald's over a spilled cup of coffee. I
remember thinking to myself how lucky this lady must have been to win so much money over
something that seemed frivolous to me. I felt as though she had won the lottery for something she
not only could have prevented by using reasonable care, but also for something that happens often
without a striking settlement of 2.9 million dollars. Without looking into the details then, I recently
found out how misunderstood this story actually is.
On Saturday, August 29, 2015, I found out the truth behind this very misunderstood case. We
watched a film in class that covered this exact issue and incorporated facts to which most of us were
unaware of. Between the years of 1983 and 1992, McDonald's had over 700 claims that reported
customers similarly burning themselves from the extreme temperature of its coffee. Ignoring these
claims, McDonald's blatantly sustained its course of business and continued brewing its coffee
between the temperatures of 180 to 190 degrees Fahrenheit. Hearing this information in class I felt
ashamed that I once felt this harmless lady, Stella Liebeck, was merely an opportunist seeking an
inflated ... Show more content on Helpwriting.net ...
It should especially be of no surprise to a conglomerate like McDonald's that serving beverages at
these temperatures is a risky act. After the images of Stella Liebeck's third degree burns were shown
in the film, I was stunned. I could not believe what I was seeing. The extents of her burns were so
severe that I simply looked away from the screen. Seeing and hearing the facts from the time I once
thought of this story as a sickening act of opportunity from a merciless individual, I now understood
all of the reasons as to why the lawsuit was filed, and
... Get more on HelpWriting.net ...
A Civil Action
A Civil Action
The movie A Civil Action is focused on describing and explaining what really goes on in a court of
law. The case the movie deals with is a small firm going after a national corporation in order to get
them to apologize for what they did to the city's water. It is believed that the company would dump
harmful waste such as trichloroethylene into the back of their site where the company was located
into a small running river. However, the river was connected to the city's water wells and caused
harm to many children that drank the water. The way each lawsuit is handled can be related to a
sociological perspective. The Marxist approach can best explain the process and outcome of the case
in A Civil Action.
Section 1: ... Show more content on Helpwriting.net ...
Schlichtmann knows that him and his small firm, Schlichtmann Conway & Crowley, need lots of
money in order to get an apology from whoever was responsible for contaminating the city's water.
Despite the need for more money in a large case like this, Jan Schlichtmann and his firm stop
working on all cases except the Anne Anderson at el., case. His firm began to have no other income
for the expenses of the case. In this situation, Schlichtmann's firm decides to pursue Beatrice Foods
and the W.R. Grace and Company for the losses of children these families had to deal with.
Originally when this case was presented to the major firms in the area, no one wanted accept the
case. It was unwanted, so it became known as orphan case because it was believed that there would
be no financial gain from the case. Similar to an orphan waiting to be brought into a home, there
were many victims waiting to be brought justice by a lawyer. With this case being a civil case and a
personal injury lawyer on the plaintiff's side, there was room for questions about why Jan
Schlichtmann wanted to take this case. Many personal injury lawyers are viewed in the public as
bottom feeders or vultures that prey on the misfortunes of others. For example, in the beginning of
the film there is a scene where Schlichtmann sees a man holding his head after a car accident. The
lawyer from Cornell (Schlichtmann) instantly gives the man in pain his business and
... Get more on HelpWriting.net ...
Should America Keep the Affordable Care Act?
The new healthcare law is being shoved down American throats. A recent statistic shows that 8.2
million Americans are not able to find jobs because of the Affordable Care Act. In order to get
money for healthcare there are new taxes, on those who are paid more and also on young and
healthy people. The ACA currently has had six lawsuits filed against it. The Affordable Care Act
keeps getting delayed by the very administration that created it. Healthcare reform has cost lots of
valuable money and time, caused confusion, and generated lawsuits challenging it.
The Affordable Care Act is President Obama's new solution to provide healthcare coverage to
uninsured Americans. The theory is that millions of uninsured Americans will get access to
affordable health insurance through the government. The Affordable Care Act reforms Medicare.
You cannot be dropped from coverage when you get sick. You cannot be denied coverage or
treatment for being sick. You also cannot be charged more for being sick. Although these are all
mostly the positive sides to the Affordable Care Act there are many negative. Since you cannot be
dropped for being sick, it will make the prices for everyone's insurance go up. Also, since so few
young and healthy Americans have signed up, the math used to create the program is not adding up.
Because there is so much confusion surrounding the specifics of the ACA, the Affordable Care Act
keeps getting delayed. The Obama administration announced another delay on
... Get more on HelpWriting.net ...
Lstd 207 Final Exam Answers
LSTD 207 Final Exam Answers https://homeworklance.com/downloads/lstd–207–final–exam–
answers/
LSTD 207 Final Exam
Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points
A defendant should always raise any objections to personal jurisdiction in the first response to the
plaintiff's complaint or the issue is waived and may not be reconsidered.
True
False
Feedback: See pages 118, 120–121. A defendant must raise objections to venue, personal
jurisdiction, and form and method of service of process in their first response to the complaint (pre–
answer or answer) or the issue is waived and may not be reconsidered at a later time.
Question 2 of 30 2.5 Points
A defendant can remove a case from state court to ... Show more content on Helpwriting.net ...
Question 5 of 30 2.5 Points
Which of the following cases CAN NOT be heard in federal court?
A.A claim based on the Age Discrimination under the Federal Employment Act. B.A tort claim
between citizens of the same state. C.A case brought by the State of New Jersey against the State of
New York. D.A case between a citizen from Maine and a citizen from Rhode Island, where the
claim is more than $75,000.
Feedback: Questions of federal law and diversity between different states and citizens of different
states are within the jurisdiction of Federal courts. State tort cases between citizens of the SAME
state are restricted to state court.
Question 6 of 30 2.5 Points
Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on
Johnson's property in Massachusetts. Where would Venue be proper?
A.D.N.H. B.D. Me. C.D.N.H. or D. Me. D.D. Mass
Feedback: This case would be governed by §1391(a) as it is a diversity case. The defendants do not
live in the same state, making section 1 unavailable. That leaves section 2, a district in which a
substantial part of the acts or omissions occurred. Here the tresspass alleged occurred in D. Mass.
making it a district where venue is proper. Because Section 2 produced a district in which venue is
proper, section 3 is not applicable. Because the defendants do not reside in the same state, none of
their
... Get more on HelpWriting.net ...
Legal Action Against Your Employer
Question 1: If you decided to take legal action against your employer (assume for the moment that
there is no mandatory arbitration agreement in place), how would you go about doing that? How
long would you have to take action?
Taking legal actions out against your employer requires courage, dedication, and expenses. For an
employee to turn and decide to take this particular route, they must have really felt that their rights
were violated. It is mentioned in the textbook that, "Contesting an employer in the legal system is an
expensive, protracted, uncertain, and emotionally draining process. Most employees who have their
rights violated by their employers do something other than take legal action; they quit, join a union,
withhold commitment and discretionary effort, just let it go, or talk it over with the employer and
work things out." (Walsh, Pg. 13). However, if this is not the case then there are a couple of things
that need to be completed in order to successful take legal action.
According to an online article titled, "Proving Employment Discrimination and Filing a Lawsuit", it
states, "You cannot file an employment discrimination lawsuit without receiving written permission
to do so from the Equal Employment Opportunity Commission (EEOC) or a Fair Employment
Practice Acts (FEPA) agency. To receive permission, you must first make your way through the
EEOC or FEPA administrative process." (Calisi, 2005).
The EEOC agency will require you to fill out a
... Get more on HelpWriting.net ...
I Find It Ironic That The Star Of The American Sitcom “Modern
I find it ironic that the star of the American sitcom "Modern Family", Sofía Vergara, is involved in a
custody battle with her ex–fiancé, Nick Loeb. The irony lies in the fact that the legal proceedings of
this case reveal many American notions about the societal definition of family. Both in fiction and in
reality, Sofía Vergara is playing the role of formalizing what it means to be a family in America.
While illuminating ideals about family, the Sofía Vergara custody battle, also uncovers details
surrounding the connection between law and the production of social order, the determination of
fact, the distribution of power, and society's general vision of the world. Through the analytical
framework of Lawrence Rosen's novel, "Law as ... Show more content on Helpwriting.net ...
The details surrounding Nick Loeb's motivation for this custody battle combined with the ideology
of America's romance regarding community, paint a perfect picture depicting the importance of
family and its effects on an individual's social standing. As the Sofía Vergara article progresses,
notions of family continue to be stressed, and in addition to the aspects of American social order that
have been illuminated, concepts of fact production are divulged. The only relevant truth explicitly
noted in the Sofía Vergara custody battle is the fact that Nick Loeb and Sofía Vergara are the
"natural parents" of their frozen embryos (Article). Other than this chunk information, no other
particulars regarding this case can be regarded as "truth". Truth is the subjective perception of the
reality around society, and since truth cannot be further extracted from these legal proceedings,
society must rely on fact to determine the appropriate course of action for the parties involved in the
Sofía Vergara trial (Law, Culture, Society Lecture 2017). On page 68 of Law as Culture: An
Invitation, it is said that even if there is "little dispute over what 'really happened' [in a court case],
something must first be regarded as fact to count" (Rosen 2008, 68). Facts, statements that are
believed to be true, have to be established in order for the Sofía
... Get more on HelpWriting.net ...
Interrogatories for a Home Inspector
IN THE CIRCUIT COURT OF ADAMS COUNTY
STATE OF WISCONSIN
CONSTANCE WOLF, f/k/a CONSTANCE WOLFGRAM Plaintiff,
v. INTERROGATORIES Civil Action No. ________
LEWIS E. OLSON
ALBERT DOBIASH (Note Send the Interrogatories separate)
Defendants.
In accordance with Rules _____________________________ of the Wisconsin Rules of Civil
Procedures, Plaintiff requires that you answer the following Interrogatories in writing and under
oath.
DEFINITIONS
As used herein below, the following words have the meaning hereafter set forth:
1. "Defendant", "you", and "your" refer to the party or parties to whom these Interrogatories are
directed and all other persons acting on behalf of such party, including, but not limited to, ... Show
more content on Helpwriting.net ...
1. Please identify the person or persons responding to these Interrogatories on behalf of the
Defendant, and identify each person who has provided information in connection with these
Interrogatories.
2. Identify any person not already named as a party to this lawsuit whom you contend caused or
contributed to the occurrence complained of, including any architect, engineer, designer, contractor,
subcontractor or others.
3. Identify each person (excluding your attorney) who provided you with information which enabled
you to respond to this Interrogatory.
4. Identify the number of years you have been a licensed home inspector.
5. Please describe and provide documents that identify licenses that you presently hold (Real Estate,
trades, mold, termite, thermography).
6. Provide a list of past customers who have used your home inspection services.
7. Identify your construction background and how are you formerly educated in construction
sciences.
8. Identify and provide your membership of any related professional associations relating to home
inspection and/or construction.
9. Identify and provide your credentials as a published writer or a speaker to establish credibility as
a home inspector.
10. Provide information to show
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Case Analysis : ' Miccosukee Tribe Of Indians Of South...
Case Note Assignment
MICCOSUKEE TRIBE OF INDIANS OF SOUTH FLORIDA, etc., vs. CARLOS BERMUDEZ, et
al.,
Professor Stephen Davis, Esquire
Legal Environment in Business (BUL–6810)
Florida International University
Jonathan R.Vazquez
MBA Candidate
Florida International University
October 6th, 2014 Order Date: July 2, 2014.
Case Description: Miccosukee Tribe of Indians of South Florida, etc., vs. Carlos Bermudez, et al.,
Case Citation: Jacobson v. Sklaire, 92 So. 3d 228 (Fla.3dDCA2012) Abu–Ghazaleh v. Chaul, 36 So.
3d 691 (Fla. 3d DCA 2009), Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482 (Fla. 3d DCA 2000)
Lage v. Blanco, 521 So. 2d 299, 300 (Fla. 3d DCA 1988)
Appellant: Miccosukee Tribe of Indians of South Florida, etc.
Appellee: Carlos Bermudez, et al.
Plaintiff Below: Carlos Bermudez, et al
Defendant below: Miccosukee Tribe of Indians of South Florida, etc.
Appellant Attorney Firm: Law Offices of Bernardo Roman III (Miami, FL)
Appellant Attorney who argued the case: Bernardo Roman III
Appellee Attorney Firm: Crabtree and Associates, & Law Office of Maria L. Rubio
Appellee Attorney who argued the case: John Crabtree & Maria Rubio
Synopsis of the Case:
According to court records, thirteen years ago, Carlos Bermudez, lost his wife in a terrible head–on
accident when an intoxicated Miccosukee tribal member crossed the centerline of the Tamiami Trail
and crashed directly into their
... Get more on HelpWriting.net ...
Essay on Ford Pinto Trial
Ford Pinto Trial
The objective of this paper is to investigate what led to the Ford pinto criminal trial and the impact
that it had. What led up to the criminal indictment of Ford, the trial itself, the verdict of the trial will
be discussed. The Impact that this trial has had on the Automobile industry will also be investigated.
In the late 1960's there was strong competition from VW and several Japanese companies in the
small car market. Due to this competition Ford hurried the design of their small car, the Pinto, to
market. Since the car was rushed into market and the specifications for the car were that it weigh
under 2000 pounds and cost less than $2000, safety was not a major concern in the design of the
pinto.1 In ... Show more content on Helpwriting.net ...
In the 1977 September/October issue of Mother Jones there was an article written by Mark Dowie
named "Pinto Madness". This article told of Ford's decision to sell a car in which they knew
hundreds of people would be burnt to death. To make sure that this information did not just stay in
the pages of Mother Jones, Dowie called a press conference on August 10, 1977 in Washington D.C.
in order to get national exposure.3 That day as a result of this announcement the National Highway
Traffic Safety Administration (NHTSA) announced a preliminary evaluation of the Pinto's Dangers.
One month later NHTSA announced that they had initiated a formal defect investigation to
determine whether the problem constitutes a safety related defect within the meaning of the National
Motor Vehicle Safety Act of 1966.2 Mid–February of the next year the Pinto's problems were in the
media's headlines again. In a landmark case a jury awarded Richard Grimshaw, a Pinto burn victim,
$125 million in punitive damages and another $2.8 million in compensatory damages, "The largest
award ever made by a jury in a personal injury case".2 About the same time $666,280 was awarded
to the family of Lily Grey, who had died in an accident. These amounts were much more than the
$200,000 for a human life and the
... Get more on HelpWriting.net ...
Class Action: Union Carbide Or Bhopal Gas Tragedy
Class Action– Definition
A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of
persons, referred to as "the class." It may be called as representative action which is a type of
lawsuit where one of the parties is represented collectively by an individual who is member of group
of people. The class action originated in the United States and is still predominantly a U.S.
phenomenon, but several European countries with civil law, have made changes in recent years to
allow consumer organizations to bring claims on behalf of consumers. In a typical class action law
suit a plaintiff sues a defendant or number of defendants on behalf of a group of persons. It is a Civil
Action. The class action must have certain definite characteristics (often referred to by the acronym
CANT):
1. Commonality: there must be one or more legal or factual claims common to the ... Show more
content on Helpwriting.net ...
Union Carbide Corporation & Sahu v. Union Carbide Corporation commonly known as Bhopal Gas
Tragedy the tragedy occurred on December 2–3, 1984 in Bhopal where Carbide gas plant disaster at
Bhopal, India, filed suit against Union Carbide and its former CEO, Warren Anderson, in federal
court in New York.The leak of poisonous gas from the Bhopal pesticide plant killed over 5,000
people immediately, and injured many thousands more. Union Carbide's actions violated
international human rights law, environmental law, and international criminal law, and the plaintiffs
sought to hold the corporation accountable for these violations. US Court of Appeals confirm the
transfer of litigation to India and rules that UCIL is a separate legal entity, owned, managed and
operated exclusively by Indian Citizens in India. In November, 2004, a similar law suit was filed
against Union Carbide on behalf of other plaintiffs who were injured by the water pollution at
Bhopal and in March, 2007 a similar suit was filed on behalf of other plaintiffs alleging property
... Get more on HelpWriting.net ...
Alternate Dispute Resolution vs. Traditional Litigation Essay
Alternate Dispute Resolution vs. Traditional Litigation
Jane Sully
LAW 531
November 14, 2011
Judith Gray, M.A., J.D.
Alternate Dispute Resolution vs. Traditional Litigation
Alternate dispute resolution, as its name implies, offers an alternative to traditional civil litigation.
The time and cost to bring a traditional civil case to trial are enormous. Alternate dispute resolution
offers a more efficient settlement of disputes both in terms of time and money and has other
benefits.
Time to Trial
The length of time from the filing of a civil case to completion of a trial can, depending on a
person's location, take from one year to more than 10 years. This is due to the complexity of the
court system. The defendant must be ... Show more content on Helpwriting.net ...
For the attorney to take a case on contingency fee basis the case must be strong enough to win at
trial or force the defendant to settle sooner and the defendant must have the resources to pay any
judgment. No matter how strong your case is, if the defendant works for minimum wage and has no
assets, it is unlikely the plaintiff will find an attorney to take the case on contingency. There is no
right to a government provided attorney in a civil case; therefore the defendant must pay all his own
legal fees. Even if the defendant prevails at trial, the cost of his defense may be enough to bankrupt
him or force him out of business. Alternate dispute resolution can reduce the costs associated with a
civil suit. For the most part, shorting the time to settle the case can provide substantial savings in
attorney fees alone. Depending on the process chosen, savings on discovery and expert witnesses
can also be realized. An often overlooked cost that can be reduced is the defendant's time and stress
expended in a prolonged trial. While dealing with requirements of defending a lawsuit, will a
businessman be able to focus on his company? Will they even want to, knowing that they could lose
everything in the lawsuit?
Privacy
Usually, information used or filed as part of a lawsuit becomes public information. Opposing
counsel has a right to dispose you and
... Get more on HelpWriting.net ...

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The Pros And Cons Of ADR

  • 1. The Pros And Cons Of ADR It allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute. It gives you the right to request information from federal agencies 2. Preponderance of evidence standard The preponderance of the evidence is a standard of evidence, or standard of proof, used in civil trials. Civil trials are cases which involve questions that are not criminal in nature. In other words, in a civil trial, you are seeking to resolve an issue of liability for wrongdoing. For instance, you may be seeking to show that A, a toothpaste manufacturer, negligently ... Show more content on Helpwriting.net ... Why is ADR become so popular in business disputes? Be sure to explain the major types of ADR and the pros and cons of ADR versus traditional judicial resolution to civil disputes. A common method of dispute resolution that avoids many of the challenges associated with litigation is alternative dispute resolution. Alternative dispute resolution (ADR) is a term that encompasses many different methods of dispute resolution other than litigation. ADR involves resolving disputes outside of the judicial process, though the judiciary can require parties to participate in specific types of ADR, such as arbitration, for some types of conflicts. Moreover, some ADR methods vest power to resolve the dispute in a neutral party, while other strategies vest that power in the parties themselves. In a negotiation, there is no neutral party charged with ensuring that rules are followed, that the negotiation strategy is fair, or that the overall outcome is sound. Moreover, any party can walk away whenever it wishes. There is no guarantee of resolution through this method. The result may not be "win–win" or "win–lose," but no resolution at all. Also, generally speaking, attorneys are not involved in many negotiations. This last point may be seen as a drawback or a benefit, depending on the circumstances of the ... Get more on HelpWriting.net ...
  • 2. Hb 4446 HB 4446 is positive for Michigan condominium associations as many developers have drafted onerous provisions in condominium documents that do not allow for the board of directors to take necessary to protect condominium associations action unless a 2/3 co–owner vote is a obtained and numerous other requirements are satisfied. HB 4446 will address the following issues: Anti–Lawsuit Provisions Decrease Property Values Michigan residents purchase condominiums with the expectation that the condominium documents will be enforced equally against all co–owners as a means to increase property values and preserve the aesthetic character of the community. If the board of directors of a condominium association cannot enforce the restrictions contained ... Show more content on Helpwriting.net ... 314663 (Mich Ct App June 24, 2014), the Michigan Court of Appeals held: The Association contends that the prelitigation–approval provision "would deny [it] the right to even defend itself in any litigation brought by anyone for any purpose." This interpretation is incorrect. The provision does not preclude the Association from defending itself in the face of a lawsuit. Rather, it sets a condition under which the Association may act on behalf of the owners for the purpose of litigation. A vote could be conducted to spend money on a defense should the Association be sued, or the owners could choose to default, just like any other defendant is free to choose. However, as indicated above, this is not really a "choice" as an association does not have realistic chance of being able to take the necessary action to respond to the complaint in such a short time period. By way of example, if a one hundred (100) unit association is sued for $1,000,000. The association has twenty–one (21) days to file an answer, but fails to either a) find a location and/or schedule a meeting in time or b) holds the meeting, but cannot obtain a quorum of members. The twenty–one (21) days elapses and the circuit court clerk enters a default against the association. Each co–owner would be forced to pay $10,000 to satisfy the default judgment merely because the board of directors was prevented from hiring an attorney to defend the lawsuit. Accordingly, HB 4446 would prevent these types of situations from taking place and provide the board of directors of a condominium association with authority to defend a ... Get more on HelpWriting.net ...
  • 3. The Importance and Use of Disclosure In this section we will introduce the background knowledge of our topic, and we will show the motivation of this paper by discussing related prior literature. A disclosure is additional information attached to an entity's financial statements, usually as an explanation for activities, which have significantly influenced the entity's financial results. In the United States, this disclosure is usually found in the notes of financial statements, and many also can be found in the notes section of the corporate annual report. Basically, the purpose of accounting disclosure is to inform both current and potential investors of the accounting strategies and methods used when developing periodic corporate financial statements. Through disclosure, there are several effects the management wants to reach. First, managers often issue earnings forecasts to reduce information asymmetry and therefore influence their firm's stock price (e.g., Nagar et al. 2003). Second, managers' forecast, particularly when they involve bad news, is aimed at avoiding litigation or at least minimizing the cost of subsequent litigation. Field et al. (200S) find that preemptive bad–news forecasts are useful in deterring certain types of lawsuits. Third, analysts update their forecasts in response to firms' earnings forecasts and recent evidence suggests that approximately 60 percent of analysts revise their forecasts within five days of management guidance (Cotter et al. 2006). Kim and Verrecchia (1994) ... Get more on HelpWriting.net ...
  • 4. Essay on Case Study-Hurry vs Jones Michelle Vandeprool March 10, 2013 SPD 616 IEP Case Study Review Hurry v. Jones Having reviewed the case Hurry V. Jones 734 F.2d 879 (1st Cir. 1984), at first reading of the case and with my novice awareness of the law I am seriously concerned as to why this ever went to court. IDEA and the constitution of the United States guarantee that students will receive a free public education no matter what their handicaps. The District should have provided some method by which this student could be educated. I am aware that people exceeding George's weight are regularly transported to varying places if not by bus, by ambulance and other vehicles. A student like George needs all of the education ... Show more content on Helpwriting.net ... It seems that in this country people want to rush to the courts to fix things. George could not be fixed by the courts so the time had come to be realistic about meeting George's needs as no law in the United States gives the state the right to NOT meet his needs. Having looked at the final settlement and the numbers involved it seems clear to me that the family was not out to "milk the school district". They wanted simply to see their son get the most he could get from the educational system and become as viable of an American citizen as possible. This case cries out for thinking outside the box and putting the child first. Unfortunately, as I have seen from interviewing other teachers many parents simply want a fix for their unfixable child. This case does not fall into this category and the fact that in the end solutions were found demonstrates that point. Unfortunately, the idea of lawsuits seems to set up a chain of actions within a school district. That chain, once set in motion is very difficult to break. This seems to have been a misbegotten law suit that could have been labeled frivolous and was certainly unnecessary. The outcome of all of this legal activity was some money for George's parents, which will undoubtedly be spent providing care to George, who will continue to have problems for the remainder of his life. This law suit allowed for delays and a ... Get more on HelpWriting.net ...
  • 5. The American Fear of Being Sued Essay The American Fear of Being Sued Something basic has been stolen from American life. We have lost much of our individual freedom due to the theft in our society. Our thieves come in the form of "sue happy" Americans. Doctors are paranoid, teachers are weakened and religious consultation is decreased. You would have to be a fool to say what you really think in the workplace. Increasingly, people believe that they cannot make a difference. Today, the medical industry has been transformed. Doctors must live by a different code of ethics other than their oath. Legal fear has put the doctor–patient relationship in jeopardy. Today, physicians view patients as potential malpractice litigants. Therefore, doctors order unnecessary ... Show more content on Helpwriting.net ... The girls mother got angry and had words with the other mother. The angry mother then sued for a restraining order to keep the boy off the same playground. Could you believe the judge issued an injunction? What we once considered harmless childhood play is no longer allowed on our playgrounds. Seesaws, monkey bars, and merry–go–rounds are considered dangerous and a sign of the past. When considering the past, faith has been an integral part of how society functions. No matter what faith, lawsuits do not discriminate. Philip K. Howard stated, "Nothing is sacred. Ministers now are increasingly told not to counsel troubled parishioners because, who knows, maybe someone will sue if the couple ends up getting divorced." How can we as fellow parishioners allow this to happen? When did we develop a fright for participating in a faith? Lets permit ministers to counsel as they have for centuries. Church and State have always been separate, lets keep it that way! Sociologist Orlando Patterson asked the question, "Do you think whites are afraid of discrimination claims? Frozen with fear is more accurate." The sociologist observed, "no Euro– American person…dare say what he or she really means." Fear of a discrimination claim hangs over all black–white relations in the workplace. A lawsuit that favors no cultural background is sexual harassment. Trying to be fair, American law, has shut out our ability to be ourselves in ... Get more on HelpWriting.net ...
  • 6. Questions Of Debt Collection Questions Debt Collection Questions I Disclaimer: Does someone owe you less than $100,000? Suing probably doesn't make sense in those cases sins you'll probably spend more in attorney fees trying to recoup that money. Even if the ruling is in your favor, collecting the judgment is not guaranteed. With that in mind, clients always want to know how to get money from someone that owes them. Unfortunately, lawsuits are not resolved in a TV show that's an hour long. You will not magically get your outstanding money or not have to pay any lawyer fees. There will be no celebrations or a big check delivered to your door. Although this is a bit if a stretch, you get the idea that getting money owed is not a simple task. Even if you spend money and time ... Show more content on Helpwriting.net ... Note that companies are only allowed to represent themselves in small claims court. All other courts require an attorney. When the lawsuit has been filed and served, the party owing the money has 20 days to respond. A default judgment can be sought against them if there is no response. Should they respond with an "answer", then you enter into litigation and will be fighting for at least a year while spending lawyer fees that you might never get back. In some instances, there might be a settlement in the case but there will be the time and money costs involved even to get to that stage. I don't usually discourage clients from fighting for what's right, they have to face the reality that litigation is a time–consuming and costly process. Most of my clients are small business owners and a lawsuit can cripple them due to the high costs as well as the time it takes them away from doing their actual business. Most lawyers state that unless the amount owing exceeds $50,000, it isn't worth suing since most of your time and money will go into attorney fees in an attempt to recover money that you might not be able to ultimately collect. Therefore, you should really think about the suing option if you are owed money. Going with a collections agency is another alternative; however, the majority of collection agencies will not take on your cause unless you are able to prove in writing that that money is owed to you. So what should you do? ... Get more on HelpWriting.net ...
  • 7. What Is A Guardian Ad Litem? Goal: to post a guide to hiring a guardian ad litem Total Word Count In This Document: 912 Title: ? Should You Hire A Guardian Ad Litem?? What is a guardian ad litem? According to the Free Dictionary, a guardian ad litem is a guardian who is appointed by a judiciary court to represent the interests of an infant, an unborn child, or someone who is incompetent (and otherwise unable to adequately represent themselves) in cases of legal action. Generally, guardians are adults who are legally responsible for protecting the interests and wellbeing of their ward, who is typically a minor, but a guardian ad litem is a special kind of guardian whose relationship with a ward or minor has been created by a court order only for the duration of a certain legal action. Guardians ad litem are typically appointed by courts to be special representatives for minors including infants and small children or people who are mentally incompetent. These are groups of people who need the most help protecting their rights in court in legal actions. The concept of and need for a guardian ad litem arose sometime during the nineteenth century but didn?t become all that important in the legal world until the late twentieth century, particularly in the 1970?s and 1980?s, when the public became increasingly concerned about children?s welfare. The two social developments that brought about this increased need for guardians ad litem were the then–alarming rise in divorce cases and a greater awareness of ... Get more on HelpWriting.net ...
  • 8. Daimler 's Corporate Social Responsibility Daimler's Corporate Social Responsibility (CSR) Efforts Introduction Daimler, an automobile company headquartered in Germany is the owner of Mercedes–Benz, one of the most recognizable car brands in the world. The firm's Corporate Social Responsibility is discussed in this report. Corporate Social Responsibility Corporate Social Responsibility is an initiative companies voluntarily follow to give back to the local and global community. CSR includes such causes as environmental conservation and sustainability, diversity and equal employment opportunity, and volunteer service projects and charitable giving. More companies now practice CSR because the public expects businesses to act responsibility. Daimler's CSR activities include positive and negative practices, with the company leading by having strong core values, volunteer opportunities, and international efforts, but lagging in the areas of discrimination and pollution. Daimler has had problems with racial discrimination and sexual harassment. Pollution complaints include odors coming from the Daimler plant in Portland, Oregon, and diesel cars emitting more pollution on the road than in regulatory tests. Daimler's Positive CSR Core Values Daimler holds these core values: Ethical Responsibility Product Responsibility Corporate Environmental Protection Employees Suppliers Social Responsibility Within the area of social responsibility, Daimler values: Promoting Science Education Road Safety ... Get more on HelpWriting.net ...
  • 9. Gucci Lawsuit Against Gucci Gucci America makes high end luxury footwear, handbags, sunglasses, wallets, and belts. This apparel company hires a private investigator to purchase from Wang's website that sell counterfeit Gucci goods. After the product is delivered and is confirmed counterfeit, Gucci America filed a suit against Huoqing in a federal district court. Thesis: A U.S company can take action legally towards an individual from another country whose only contact to the United States is by a website. Why Gucci Filed a Lawsuit against Wang Gucci has trademarked more than 21 registered trademark which consist of the word "Gucci" and other symbols. Defendant Wang Huoqing who resides in China has register, establish, and at that time maintain more than 24 counterfeit goods website such as, bag2do.com, bagdo.com, ibagto.com, my4shop.com, and ebagdo.com. This websites offer counterfeit goods with Gucci marks and name on a significantly lower quality compared to the genuine counterparts. Gucci as plaintiff accuse that Wang's website sells goods with the knowledge that his product will be mistaken as a genuine goods designed, made, and approved by plaintiff. Also, this may bring confusion and deception among general public. There are some reason why Gucci is able to file a lawsuit towards Wang in the U.S Federal Court. First, Wang's website is an interactive website with an intention and mission to sell counterfeit products. The second reason was that website sells and ships their product to the United ... Get more on HelpWriting.net ...
  • 10. Compensation System For Medical Care And Lost Wages After an injury on the job, many people look to their state's workers' compensation system to provide payments for medical care and lost wages. The workers' compensation programs in both Pennsylvania and New Jersey provide fast, reliable payments to injured workers, but in return, prevent most workers from filing a lawsuit over injuries sustained on the job. While the workers' compensation system may limit some types of lawsuits, a person who was injured by the actions of a third party will still have the right to file suit. If the circumstances below apply to your injury, you may be able to seek additional compensation for your pain and suffering. What Is a Third Party Claim? When a worker's injuries are caused by someone who is not ... Show more content on Helpwriting.net ... The amount of money the worker receives will depend on his or her salary prior to the accident as well as the severity of the injury. While workers' compensation is invaluable for many injured people, the system does not provide enough money for most people to survive for long. The system does not pay injured workers for their pain or suffering, and most of the time these benefits are simply not enough. In contrast, a third party lawsuit allows an injured person to seek compensation for all of his or her damages, including damages for pain and suffering and other non–economic damages. This allows injured people a better chance of supporting themselves long term after a serious injury. In some states, like Pennsylvania, an injured person's employer may either initiate or join a third party lawsuit. This is because state law allows for subrogation, meaning that any money the employer paid out through the workers' compensation system can be recouped from the third party settlement or verdict. Lawsuits against Your Employer Usually, you cannot sue your employer if you were injured on the job except in certain limited circumstances. For employers, the benefit of carrying workers' compensation insurance is that they are generally immune to lawsuits. However, there are three exceptions to this rule. First, you can file a lawsuit against your employer if the company does not carry workers' compensation insurance. If the ... Get more on HelpWriting.net ...
  • 11. The Lawsuit: Examining the Characters Casey Oram 4 March 2011 English 1020 Essay 1 The Lawsuit: Examining the Characters The definition of a lawsuit is a civil action brought in court in which a plaintiff demands another person, known as the defendant, pay this person equitable resolve (dictionary.com). In other words they want payment for being wronged in the past. If the case is found to be legitimate and proven justifiable, the defendant pays the plaintiff the awarded compensation. This brings us to the story, The Lawsuit, by Naguib Mahfouz. This tale is about a son being sued by his father's widow demanding maintenance be paid to her some twenty years after the father's death. Several of the individuals in this story serve very little purpose. ... Show more content on Helpwriting.net ... The police were called and the eldest son went to prison, where he died a year later. One of the main round characters is the widow, the father's new young bride. She was in her twenties, where as the father was in his fifties. She might even be portrayed as a gold–digger. Dictionary.com defines this as a woman who associates with or marries a many chiefly for material gain. This was definitely the case with this story. The widow was described as a ravishing beauty when in her twenties. The family sat and watched as the father purchased lavishing presents for his new wife. When the father died from a stroke, the family asked about the key to his cupboard, where the father hoarded his money. The widow claimed not to know anything about such a key or cupboard. The family finally found the key and opened it. They found a few notes and only five thousand pounds, which the widow inherited. They wondered what had happened to the fortune. As the mother had predicted, the young bride would leave them all "without a bean" (Mahfouz, 92). Now with no education and little money left, the widow went to live with her parents. The youngest son, who was the person being sued for maintenance, wondered if his father's young bride's youthfulness and beauty had "withstood the passage of time" (Mahfouz, 90)? At the time of the lawsuit, now in her forties, the widow was over–weight and over time had lost her sense of beauty. The lawyer stated
  • 12. ... Get more on HelpWriting.net ...
  • 13. The Ethics Of A Government Intelligence Contract Interests Interests include those who have a stake in an issue and the organizations they form. It can also include special interest, activity and advocacy group. All the interests mentioned in this section will cover the various issues mentioned in the above sections. Some of those interests are their customers, pension fund executives and managers, Oracle media representatives, employees, Oracle community (blog, users and user communities), United States Air Force, database administrators, database developers, vendors, Oracle technology writer/analyst/commenter specializing in enterprise software, etc. Also included are, other similar technology corporations watching Oracle`s next steps, the Attorney General, government officials, ... Show more content on Helpwriting.net ... Solicitor General, Judiciary (Court – Federal, State and District Court), news media, social media, client or vendor opinions and their sentiments. Also included are international institutions like the European Union (EU). (Kendall, and Ovide, 2015) Information Information refers to what interests and institutional office holders know about an issue, the consequences of alternative courses of action, and the preferences of those concerned with the issue. Issues are often contested (by lawsuits or social pressures), as interests have conflicting or different information. Information leads to progress or resolution of issues. Oracle had initial information about the violations, and was able to gather all additional information and provide relevant proofs. The proofs help to resolve or advance the lawsuits. Those could include listing the specific sections of the law violated, and log/trace files (technical information) proving illegal activities done via. Oracle`s website as in the case of illegal downloads. Information was also provided about the contract breach, steps taken for a hostile takeover and its justifications. The information is provided from various sources. Some of the other interests include activists, government institution, media, more information on the Rimini Street issue and infringement issues with Oregon. Issue – Rimini Street`s illegal conduct Any issue that threatens Oracle`s reputation should be taken seriously. Issues tarnish firm`s ... Get more on HelpWriting.net ...
  • 14. A Brief Note On Virginia And Divorce Mediation Keywords: Virginia divorce mediator, business litigation in Virginia, divorce mediation lawyer in Virginia, business disputes in Virginia What to Tell Your Virginia Divorce Mediator Attending divorce mediation is one of the best moves the parties involved in one of these stressful cases can make. During divorce mediation in Virginia, a neutral, called the mediator, will assist the parties with negotiating and creating an agreement to settle their case. The mediator does not decide any issues for the parties. In Virginia, divorce mediation may cover as many issues as the parties like, just as if they were in a courtroom trial. Virginia divorce mediators help the parties navigate through each of the issues in the case and figure out ways to resolve them. Whether you have an attorney or you will be attending mediation on your own, there are certain issues that you should be sure to discuss with your mediator. When a settlement is reached at mediation, it is usually memorialized in a document, which is submitted to the family court to become part of a court order. If certain issues are not discussed with the mediator, they will be left out of the court order. First, if your spouse has made any accusations against you, you should be prepared to defend yourself against these claims. For example, if your spouse is accusing you of hiding information about your income, provide bank statements, credit card statements, and other income information to the mediator. Providing ... Get more on HelpWriting.net ...
  • 15. Daimler 's Corporate Social Responsibility Daimler's Corporate Social Responsibility Efforts Introduction Daimler Daimler, an automobile company founded in 1998 and headquartered in Germany is the owner of Mercedes–Benz, one of the most recognizable car brands in the world. Daimler is a Fortune 500 company and produces an array of luxury automobile products including, but not limited to, cars, trucks, motorhomes, and buses. Mercedes–Benz and Daimler products are recognized and driven around the world. Corporate Social Responsibility Corporate Social Responsibility, or CSR, is an initiative companies voluntarily take part in to give back to the local and global community. There are numerous domains of corporate social responsibility, such as environmental conservation and sustainability, diversity and equal employment opportunity, and volunteer service projects and charitable giving. The number of companies embracing the practice of corporate social responsibility has increased in recent years, as the public has formulated higher expectations that companies act responsibly. Numerous companies have given in to this pressure and have adopted policies to show the public that they value the different domains of CSR. However, despite this attempt to become more socially responsible, companies may excel in some areas while they lag in others, leading to a mixture of both positive and negative CSR within the same company. Daimler is one company that has both positive and negative CSR practices, with the company leading by ... Get more on HelpWriting.net ...
  • 16. Legal Issues CadMex Pharmaceutical Memorandum To: Mr. Jack Brandt, CEO; Kera Sawyer, International Legal Counsel From: Dan, Vice President of International Business Development Date: March 9, 20XX Subject: Current Gentura Status I would like to take this opportunity to bring everyone up to date on the status of our relationship with Gentura. We have been working in partnership with Gentura a biotechnology company based in Candore since 2007. Candore, a small developing island country in South East Asia, has been under the dictatorship of President Gwendoz since 2004. President Gwendoz, encourages foreign investments into Camdore however, these investments come with some risk. All Camdore international business transactions are subject to the ... Show more content on Helpwriting.net ... legal Issues Health authorities estimate that 1% of Candor's population would be infected by the viral outbreak in March of 2012. Gentura was under pressure by the new government to subsidize the price of ViroBlax. The subsidization of ViroBlax would be a breech of contract with CadMex. Furthermore, Gentura is the only licensed manufacture of ViroBlax in Candore. Acting as the Vice President in charge of International Business Development, I directed our legal counsel to take no legal action, but claim compensation from Gentura. I based my decision from the fact that legal actions against Gentura would weaken the partnership between CadMex and Gentura, and could take a great deal of time to arbitrate with nonbinding results. The alternative of asking Gentura for shared marketing rights for another drug was considered, however through conversations with Gentura's CEO Vail Saman, and our legal counsel of Kera Sawyer I decided that this option was not in our best interest to peruse. Unfortunately, in April of 2012, the Candore health authority increased the percentage of people infected with the viral outbreak from 1% to 3%. Gentura is unable to meet the demand for ViroBlax due to the increased percentage of people infected with the unidentified viral outbreak. The Candorean government has suspended the CadMex's patent on ViroBlax, due to the national health emergency. In addition, the Candorean government has decided to provide compulsory licenses for domestic ... Get more on HelpWriting.net ...
  • 17. A Lawsuit Over Plagiarism in H. Bruce Millers Life is Not... In "Life is Not Measured by Grade–Point Averages" by H. Bruce Miller, Miller announces that a young lady named Gabrielle Napolitano was suing the University for accusing her of plagiarism in her paper. Napolitano hired a lawyer and built the case stating that the so called "plagiarism" was just a, quote "technical error" (Miller, par.2). Miller announces this problem but doesn't get his true argument out until the last few paragraphs of his paper, stating that students need to stop worrying about their grades or grade–point averages and need to start enjoying the process of learning, to embrace the knowledge and use it without the fear of lack of money in the back of their minds. Miller uses strong terminology throughout his paper and ... Show more content on Helpwriting.net ... Miller does not take in account that Napolitano might have been suing for what was right, suing the University because she was having her life delayed for a mistake. Miller doesn't include Napolitano's side of the story but he also does not relate to his audiences beliefs and includes fallacies in his writing. Throughout the paper there was no emotional statements or statements showing understanding for the students of the Nation, Miller automatically assumes that everyone is just worried about grades and not actually there to learn for the fun and joy of it. There are several occasions where Miller uses the faulty causality fallacy, for example; Miller states "Students get a lower grade in a course than they think they deserve; they sue. Students graduate and fail to get a job, or as good a job as they expected; they sue"(Miller, par.3). At this point he is using the faulty causality fallacy by making that the assumption that negative outcomes would automatically lead to suing, for example "Jacob got a bad grade on his school work so he sued the school". Even though Miller makes assumptions in his writing, he does keep the reader's attention with a face–paced tone and long sentences with similes. For example, when Miller says "The notion that the principal, or only, purpose of going to college is to win a ticket of admission to the great upper middle ... Get more on HelpWriting.net ...
  • 18. Personal Injury Lawsuits When Is It Too Late to File a Personal Injury Lawsuit in Indiana? Being injured in an accident is a traumatic life event. In just a few seconds, another person's choice can turn your life upset and dramatically change your future. When another person or party causes you to be injured, you may have a civil claim against that party for damages. Indiana's personal injury laws provide a legal way for you to file a civil lawsuit against the at–fault party to receive compensation for your injuries. However, many people are not aware that they have a limited amount of time to file a personal injury lawsuit. Indiana's Statute of Limitations sets time limits for injury victims to file a personal injury lawsuit. If a lawsuit is not filed before the ... Show more content on Helpwriting.net ... However, there are always exceptions to the general rule. Exceptions to the Statute Of Limitations If a child is the victim, you may have additional time to file a personal injury lawsuit. Likewise, someone who is incompetent may also have addition time to file a personal injury lawsuit. In addition, if you were not aware of the injury, as in the case of medical malpractice where symptoms do not appear until much later, you may have additional time to file a medical malpractice lawsuit. On the other hand, if a government entity is involved in your accident, you may be required to file notice with the government entity within a short period of time to protect your right to file a personal injury lawsuit. Because there are exceptions to the general rules regarding time limits to file a personal injury lawsuit in Indiana, you should call our office as soon as possible to speak with an experienced injury lawyer. Call For a Free Legal Consultation Regarding Your Personal Injury ... Get more on HelpWriting.net ...
  • 19. Week 5 Reflection Paper Learning Team Reflection Andre Parker, Kellie Baker, Michael Wheeler and Jeffery Stewart LAW/531 June 16, 2013 Erikka Hise The Foreign Corrupt Practices Act This assignment instructed us to read four articles concerning Legal Issues in International and Domestic Business Foreign Corrupt Practices Act. Within this assignment it discussed the crisis in corporation's unethical practices. The Foreign Corrupt Practices Act of 1977 sparked the argument that United States companies are disadvantaged in international markets. The act has been controversial since its enactment, with some critics attacking it as ineffective and the American business community complaining that it places U.S. enterprises at ... Show more content on Helpwriting.net ... Civil lawsuits can also cause problems with a company's director and officer insurance coverage. Most policies in some organizations will not cover FCPA civil penalties awarded against officers, directors, and or employees of a company. Klein and Aguilar (2010), Stuart says FCPA programs must also consider how the company does business in different regions, so its controls address specific practices and operations in those regions, and aren't just generic controls that apply (with mixed results) worldwide. I agree that the FCPA should consider the region and nature of individual businesses. Every need of any company or operation will never be alike. Conclusion Nevertheless, we believe most companies would be judicious to distribute their funds into strategic compliance planning. According to "Compliance Planning" (n.d.), compliance planning are any individual or individuals providing services and submitting a claim for payment by the federal government must be alert to the potential for liability stemming from an inappropriately submitted claim. The federal government has the authority to investigate the claim's propriety and the authority to impose sanctions in which an investigation finds fault with a claim, ranging from a possibly inadvertent mistake to a determination that the claim was fraudulently ... Get more on HelpWriting.net ...
  • 20. The Ethics Of Christopher Roller Christopher Roller is God and therefore he has godly powers, or so he thinks. In June of 2005, Christopher Roller, a resident of Minnesota, sued two magicians (David Blaine and David Copperfield) for defying the laws of physics and using Godly powers. He claims that he is God and so, therefore, they are stealing his powers. He demanded that the magicians show their secret tricks to him and give him 10% of their total income for life. Wow, now that is so ridiculous that it's funny. This is one of the many examples of frivolous lawsuits that we see today in our society. Our courts of law have been littered continuously with cases like this. The justice system is being abused; our taxpayer money is being flushed down the toilet with these lawsuits. In 2006, the WESH news group reported that "Since 2004, at least 336 lawsuits have been filed against local governments, costing taxpayers more than $16 million". Much can be done with 16 million in local places. But that doesn't happen. First of all, we spend our precious money on ludicrous suits. Secondly, these lawsuits affect our society, and they clutter our court system. Third of all, people take the rights that we have in our nation and abuse them to the maximum. In America, we have so many freedoms, more than many in other countries. Our justice system is one of the greatest advantages to the people because everyone is equal under it. In the court, everybody, no matter the rank in society everything is viewed with the same ... Get more on HelpWriting.net ...
  • 21. Legal Process Paper Legal Process Paper John's first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOC for follow–up. Completing this two part assessment system is not the same as filing a charge. If John wants to sue his employer in court one day or if he wants the EEOC to investigate his complaint he is required to file a charge. After John ... Show more content on Helpwriting.net ... EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. In investigating a charge, EEOC may make written requests for information, interview people, review documents, and visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. If mediation is unsuccessful, the charge is returned for investigation. A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf. Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing (U.S. Equal Employment Opportunity Commission, 2003). The EEOC will take certain steps to resolve discrimination charges: If the evidence obtained in an investigation does not establish that discrimination ... Get more on HelpWriting.net ...
  • 22. Civil Liability Essay Private Police and Civil Liability Dan Seemann SEC/350 August 4, 2014 Darrin Waters Civil Liability and Private Police Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. ... Show more content on Helpwriting.net ... The next type of tort law is based on intentional negligence. This type of tort requires that the burden of proof show that the officer willfully engaged in an activity that would knowingly bring harm or injury to a person. Intent can be very difficult to prove and usually account for a minimal number of successful civil suit, one such case, "Morgan v. The City of Alvin, No.01–02–01212, 175 S.W.3d 408 (Tex. App. 1st Dist. 2004). See also Schauer v. Morgan, 01–04–00142, 175 S.W.3d 397 (Tex. App. 1st Dist. 2005), ruling that the officer, as a city employee, had immunity from liability in the arrestee's claims against him individually, since the immunity granted to government employees under the Texas Tort Claims Act is not limited to actions carried out within the scope of their employment or in good faith." (Farber, 2007) Strict liability is the last type of tort law where the damages must be severe for this law to be applied. This law can be applied to both the officer and the organization when assigning damages, and is most often assigned to the organization as an individual can rarely pay the damages. Additional considerations that can be associated with state tort liabilities can include wrongful death, assault and battery, and false arrest and false imprisonment. Some crimes only include some of the principles of liability, while others may contain all principles, and are known as true crimes. An example of liability associated with a negligent ... Get more on HelpWriting.net ...
  • 23. A Civil Action Term Paper A Civil Action Paper In class, we have learned many important topics in the legal, ethical, and regulatory environment of business. However in the classroom setting, we have examined each of these topics individually. Jonathan Harr's A Civil Action allows us to see how the topics learned relate to one another in the context of a real world setting. His book provides an engaging read about the legal practice action while connecting the topics of the relationship between law, business, and ethics; the court system and litigation; alternative dispute resolution; and the nature of the corporation. A Civil Action complements the material learned in class, and it helps to create an overall cohesiveness between the topics learned in class that ... Show more content on Helpwriting.net ... A court can exercise personal jurisdiction over any person or business that abides within a certain geographic area, or any out of area defendant as long as there was minimum contact with the area to justify jurisdiction. Each state has its own long arm statue in place that defines minimum contact. Personal jurisdiction for federal courts is broad, extending to any persons within the United States, whereas personal jurisdiction for state courts is much more narrow. Different courts have the authority to hear different kinds of cases. Subject matter jurisdiction for federal courts is relatively narrow. There must be an issue of federal law, or there must be a dispute between citizens or businesses of different states and the amount in question must at least $75,000. States have a much more broad subject matter jurisdiction; they can hear pretty much any matter, whether involving state or federal law. Jurisdiction played a key role in the outcome of the lawsuit in A Civil Action. The plaintiff's lawyer, Jan Schlichtmann, filed the original complaint against W. R. Grace and Beatrice Foods in state court. Schlichtmann, a personal injury attorney, spends most of his time there; personal injury is heard much less frequently in federal court. William Cheeseman, the attorney for W. R. Grace, almost immediately removes the case to federal court since W. R. Grace's headquarters is in New York and the amount in question is clearly over ... Get more on HelpWriting.net ...
  • 24. Pros And Cons Of Class Action Lawsuits Class action lawsuits are suits in which one party represents a group of people which are not named. These groups can range from a few hundred to well into the millions. While the basic principle between traditional civil lawsuits and class action suits are the same. They possess many minute details that when all added together form an entirely different system. The most common lawsuit occurs when the defendant usually a large corporation is alleged to have done something wrong which effected a large group of people. One of the major benefits of these type of suits is they act both as a deterrent and a punishment for companies that do things like false advertising, but one of the major disadvantages is the extremely low payout per person. ... Show more content on Helpwriting.net ... Class action lawsuits also serve an interesting role they allow for market regulation without heavy governmental oversight. If a company is doing something unethical instead of spending large sums investigating allegations the government could instead allow people to regulate through litigation. This has led to the idea held by some that class action lawsuit as a form of reparations for grievances is extremely ineffective but as a deterrent and punitive tool they can be extremely effective. The second benefit is that of a punitive measure against a company for violations. If companies do violate the law then class action settlements could be seen as a major form punitive action against companies. This can be especially true when company's commit gross violations like selling products they know to be defective or outright lying about the properties of a product. These punitive measures as well as their ability to deter companies is one of the great benefits of class action lawsuits. Government imposed fines are usually small compared to class action lawsuits. Fines are also less likely to receive press like class action lawsuits which makes fines less effective as a ... Get more on HelpWriting.net ...
  • 25. Accounting for a Loss Contingency Verdict Overturned on... Re: Accounting for a Loss Contingency Verdict Overturned on Appeal Date: Relevant Facts: W Inc and your company have been engaged in litigation over a specific patent infringement matter. In May 2007, W filed a claim. On December 31 2007, your company determined that a loss in connection to the claim was probable. The company estimated a loss between 15 and $20 million USD. $17 million USD was named as the most likely amount of loss. A jury trial took place on September 2009. On September 24 2009 the jury found in favor of W. The judgment required your company to pay W $18.5 million USD. In November 2009, your company filed an appeal. In December 2010, the court of appeals overturned the jury ... Show more content on Helpwriting.net ... Options: a. Prior period adjustment. b. Change in estimate (2009 event). A prior period adjustment is a correction, for an accounting error, on the financial statements of a prior year. ASC 250–10–50–7 states that "when financial statements are restated to correct an error, the entity shall disclose that its previously issued financial statements have been restated, along with a description of the nature of the error. The entity also shall disclose ...the cumulative effect of the change on retained earnings or other appropriate components of equity or net assets in the statement of financial position." The adjustment to the estimate is not a correction due to an error. Therefore, it should not affect or restate retained earnings or liabilities recorded in prior periods The company should report the change in the contingency accrual as a 2009 event due change in estimate. ASC 250–10–45–17 specifies that "a change in accounting estimate shall not be accounted for by restating or retrospectively adjusting amounts reported in financial statements of prior periods." Additionally, ASC 450–20–25–7 indicates that "all estimated losses for loss contingencies shall be charged to income rather than charging some to income and others to retained earnings as prior period adjustments".
  • 26. Sample Journal Entry: Loss (Expense)........................................ 1,500,000 Contingent Liability–Litigation.....................1,500,000 Specific Issue 3: When should ... Get more on HelpWriting.net ...
  • 27. The Case Of Eugenie Bouchard Public or Private Law The case of Eugenie Bouchard involves private law, because it involves two separate individuals or small groups attempting to resolve a specific private dispute. In order for a matter to involve public law, it must affect the general public or the state, which would represent as one of the parties. 1. (a) This case would involve a civil action because Eugenie is alleging that the United States Tennis Association was negligent, and that the negligence was responsible for her injuries. Negligence is one of the three main types of torts, and since a tort by definition is a civil wrong, this would definitely involve civil law. (b) Eugenie filed a lawsuit against the USTA claiming they were negligent, causing her to ... Show more content on Helpwriting.net ... The geographical location of the incident and the fact that Eugenie is filing a civil suit means that there are two possible courts that could deal with the case: the New York City Civil Court and the United States District Court for the Eastern District of New York. The New York City Civil Court handles matters that would be defined in Canada as small claims, it decides law suits that involve claims of up to $25,000 in damages. Although the specific dollar figure that Mrs. Bouchard is seeking in damages isn't known to the public, she was forced to withdraw from a tournament in which the first place prize is $3.3 million, so it is safe to assume that she will be seeking more than $25,000 in damages. (d) The purpose of the proceedings brought on by Eugenie Bouchard is to be compensated for the potential earnings she lost by having to withdraw from the US Open and miss other tournaments. Eugenie's desired outcome would be to prove that she would have performed well enough to earn a significant amount of money had she not slipped and suffered a concussion. (e) In a civil matter such as this one, the amount of proof required would be dependent on the balance of probabilities. In this specific case, Eugenie will have to prove that is more likely that the USTA is responsible for her injury due to negligence than Eugenie herself was, and, she will have to prove that it is more than 50% likely that she would have earned a significant amount of money from the ... Get more on HelpWriting.net ...
  • 28. Blue Lawsuit Research Paper Lawsuits can come from out of the blue. One day life is good, and the next, someone is taking you to court. This statement sounds like an exaggeration only because no particular lawsuit case is presented here to back it up. However, few people get themselves sued intentionally. It happens because of an accident, a mistake, or a situation that escalates into a lawsuit. To the defendant, its unexpectedness does make it seem as though it came from out of the blue. So why do lawsuits happen? Why do people sue? Here are three common reasons: A Person Sues for a Legitimate Reason If the mail delivery person slips on black ice in your driveway that was created because you allowed water runoff from your basement sump pump to flow across it and freeze, ... Show more content on Helpwriting.net ... The reason is they know they have a good chance at winning. The Internet is filled with law firm websites that advertise their areas of practice. Many have blogs that educate the public on why they should pursue a lawsuit and how to go about it. These lawyers provide free initial consultations and take their fee from the damages should they win the case. For some individuals, the opportunity is irresistible. A Person Sues for Emotional Reasons This often happens because the defendant mishandled the incident that led to the lawsuit. For example, suppose your dog bolts out of the door when you open it to get the mail, and your dog bites a pedestrian in the street. The pedestrian becomes furious and freely vents his anger toward you. You react in kind and get into a heated argument with the victim. This person not only has a case against you technically, your handling of the incident gave him a powerful emotional motivation to go through with a lawsuit: ... Get more on HelpWriting.net ...
  • 29. Argumentative Essay On Gun Control When tragic, major events happen in the United States, you can always expect an argument or something to unfold about how to prevent something similar from happening again. On October 1st, a man named Stephan Paddock, shot and killed 59 people including himself, while injuring an additional 546. This shooting is now considered the deadliest attack in United States history, so of course you can expect an ongoing political conversation on how to prevent attacks like this. During the attack, Paddock used what is called a "bump stock," on many of his guns, making his guns' rapid fire, like an automatic gun, which is what made it so easy for him to open fire and attack so many. After the tragic event, a gun control organization looked into the ... Show more content on Helpwriting.net ... Considering The Washington Post is a primarily "liberal" or democratic news hub, most liberals are "pro–gun control," while most "conservatives" or republicans are "pro second amendment." Therefore, if this article was written on a different news hub, it could've had a different perspective, or perhaps more to say. This article was published to inform readers about important events happening in the world. The article gives the background information that one of the nation's gun– control group, The Brady Center to Prevent Gun Violence, filed a lawsuit against the people who sell "bump stocks." The group is choosing to sue the sellers because the gunman from Las Vegas, had bump stocks installed on some of the guns he used to carry out the deadliest mass shooting in the United States. The group says they are also seeking to sue to help the victims pay for their medical treatment and such. The article then continues to give background information about the actual use of these devices and how they were originally made to help disabled people. The bump stock is made to be like an automatic gun. The writer presents her article as knowledgeable about the topic, but not an expert. She uses quotes from people ... Get more on HelpWriting.net ...
  • 30. Accounting for Pending Litigation and a Verdict Overturned... Accounting for Pending Litigation and a Verdict Overturned on Appeal Our team is given the task to account for a pending litigation. We are to determine how pending litigation should be reported on the current and future financial statements. M Corporation was sued for patent infringement and we will present whether M Corporation should accrue a liability, disclose a liability, do both, or do nothing. The case accounting for the litigation and the subsequent overturned verdict was ongoing for four years between M Corporation and W Corporation and, as litigation is unpredictable, changes will have to be made accordingly. We will present how M Corporation should a) account for the pending litigation in 2007 – the year the claim was ... Show more content on Helpwriting.net ... Based on this information, only an immaterial amount of companies actually accrue a liability in their financial statement. Therefore, M Corporation will simply provide disclosure of the contingency and an estimate of the possible loss or range of loss for the future pending litigation in its 2007 financial statement under Note: Contingencies and Commitments. If M Corporation accrued a liability on its 2007 financial statements, then the company becomes too transparent to opposing counsel and it could have serious adverse effects on M's operations. Considering real world practices, as well as in accordance with the conceptual framework from the textbook, accrual of a loss from ongoing litigation is rare. Companies usually do not record a loss until after the ultimate settlement has been reached. For example, the Las Vegas Sands Corporation, in a recent quarterly report, disclosed but did not accrue damages from a lawsuit it lost, even after the award was affirmed by the trial court, because the company believe that it has valid bases in law and fact to overturn or appeal the verdict. Consequently, M corporation should not accrue the contingency loss but continually disclose the matter even when a judgment was reached against the corporation to pay $18.5 million in 2009, given that the ... Get more on HelpWriting.net ...
  • 31. Mcdonald's Misunderstood Case I recall hearing about a case years ago when a lady sued McDonald's over a spilled cup of coffee. I remember thinking to myself how lucky this lady must have been to win so much money over something that seemed frivolous to me. I felt as though she had won the lottery for something she not only could have prevented by using reasonable care, but also for something that happens often without a striking settlement of 2.9 million dollars. Without looking into the details then, I recently found out how misunderstood this story actually is. On Saturday, August 29, 2015, I found out the truth behind this very misunderstood case. We watched a film in class that covered this exact issue and incorporated facts to which most of us were unaware of. Between the years of 1983 and 1992, McDonald's had over 700 claims that reported customers similarly burning themselves from the extreme temperature of its coffee. Ignoring these claims, McDonald's blatantly sustained its course of business and continued brewing its coffee between the temperatures of 180 to 190 degrees Fahrenheit. Hearing this information in class I felt ashamed that I once felt this harmless lady, Stella Liebeck, was merely an opportunist seeking an inflated ... Show more content on Helpwriting.net ... It should especially be of no surprise to a conglomerate like McDonald's that serving beverages at these temperatures is a risky act. After the images of Stella Liebeck's third degree burns were shown in the film, I was stunned. I could not believe what I was seeing. The extents of her burns were so severe that I simply looked away from the screen. Seeing and hearing the facts from the time I once thought of this story as a sickening act of opportunity from a merciless individual, I now understood all of the reasons as to why the lawsuit was filed, and ... Get more on HelpWriting.net ...
  • 32. A Civil Action A Civil Action The movie A Civil Action is focused on describing and explaining what really goes on in a court of law. The case the movie deals with is a small firm going after a national corporation in order to get them to apologize for what they did to the city's water. It is believed that the company would dump harmful waste such as trichloroethylene into the back of their site where the company was located into a small running river. However, the river was connected to the city's water wells and caused harm to many children that drank the water. The way each lawsuit is handled can be related to a sociological perspective. The Marxist approach can best explain the process and outcome of the case in A Civil Action. Section 1: ... Show more content on Helpwriting.net ... Schlichtmann knows that him and his small firm, Schlichtmann Conway & Crowley, need lots of money in order to get an apology from whoever was responsible for contaminating the city's water. Despite the need for more money in a large case like this, Jan Schlichtmann and his firm stop working on all cases except the Anne Anderson at el., case. His firm began to have no other income for the expenses of the case. In this situation, Schlichtmann's firm decides to pursue Beatrice Foods and the W.R. Grace and Company for the losses of children these families had to deal with. Originally when this case was presented to the major firms in the area, no one wanted accept the case. It was unwanted, so it became known as orphan case because it was believed that there would be no financial gain from the case. Similar to an orphan waiting to be brought into a home, there were many victims waiting to be brought justice by a lawyer. With this case being a civil case and a personal injury lawyer on the plaintiff's side, there was room for questions about why Jan Schlichtmann wanted to take this case. Many personal injury lawyers are viewed in the public as bottom feeders or vultures that prey on the misfortunes of others. For example, in the beginning of the film there is a scene where Schlichtmann sees a man holding his head after a car accident. The lawyer from Cornell (Schlichtmann) instantly gives the man in pain his business and ... Get more on HelpWriting.net ...
  • 33. Should America Keep the Affordable Care Act? The new healthcare law is being shoved down American throats. A recent statistic shows that 8.2 million Americans are not able to find jobs because of the Affordable Care Act. In order to get money for healthcare there are new taxes, on those who are paid more and also on young and healthy people. The ACA currently has had six lawsuits filed against it. The Affordable Care Act keeps getting delayed by the very administration that created it. Healthcare reform has cost lots of valuable money and time, caused confusion, and generated lawsuits challenging it. The Affordable Care Act is President Obama's new solution to provide healthcare coverage to uninsured Americans. The theory is that millions of uninsured Americans will get access to affordable health insurance through the government. The Affordable Care Act reforms Medicare. You cannot be dropped from coverage when you get sick. You cannot be denied coverage or treatment for being sick. You also cannot be charged more for being sick. Although these are all mostly the positive sides to the Affordable Care Act there are many negative. Since you cannot be dropped for being sick, it will make the prices for everyone's insurance go up. Also, since so few young and healthy Americans have signed up, the math used to create the program is not adding up. Because there is so much confusion surrounding the specifics of the ACA, the Affordable Care Act keeps getting delayed. The Obama administration announced another delay on ... Get more on HelpWriting.net ...
  • 34. Lstd 207 Final Exam Answers LSTD 207 Final Exam Answers https://homeworklance.com/downloads/lstd–207–final–exam– answers/ LSTD 207 Final Exam Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff's complaint or the issue is waived and may not be reconsidered. True False Feedback: See pages 118, 120–121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre– answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to ... Show more content on Helpwriting.net ... Question 5 of 30 2.5 Points Which of the following cases CAN NOT be heard in federal court? A.A claim based on the Age Discrimination under the Federal Employment Act. B.A tort claim between citizens of the same state. C.A case brought by the State of New Jersey against the State of New York. D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000. Feedback: Questions of federal law and diversity between different states and citizens of different states are within the jurisdiction of Federal courts. State tort cases between citizens of the SAME state are restricted to state court. Question 6 of 30 2.5 Points Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson's property in Massachusetts. Where would Venue be proper? A.D.N.H. B.D. Me. C.D.N.H. or D. Me. D.D. Mass
  • 35. Feedback: This case would be governed by §1391(a) as it is a diversity case. The defendants do not live in the same state, making section 1 unavailable. That leaves section 2, a district in which a substantial part of the acts or omissions occurred. Here the tresspass alleged occurred in D. Mass. making it a district where venue is proper. Because Section 2 produced a district in which venue is proper, section 3 is not applicable. Because the defendants do not reside in the same state, none of their ... Get more on HelpWriting.net ...
  • 36. Legal Action Against Your Employer Question 1: If you decided to take legal action against your employer (assume for the moment that there is no mandatory arbitration agreement in place), how would you go about doing that? How long would you have to take action? Taking legal actions out against your employer requires courage, dedication, and expenses. For an employee to turn and decide to take this particular route, they must have really felt that their rights were violated. It is mentioned in the textbook that, "Contesting an employer in the legal system is an expensive, protracted, uncertain, and emotionally draining process. Most employees who have their rights violated by their employers do something other than take legal action; they quit, join a union, withhold commitment and discretionary effort, just let it go, or talk it over with the employer and work things out." (Walsh, Pg. 13). However, if this is not the case then there are a couple of things that need to be completed in order to successful take legal action. According to an online article titled, "Proving Employment Discrimination and Filing a Lawsuit", it states, "You cannot file an employment discrimination lawsuit without receiving written permission to do so from the Equal Employment Opportunity Commission (EEOC) or a Fair Employment Practice Acts (FEPA) agency. To receive permission, you must first make your way through the EEOC or FEPA administrative process." (Calisi, 2005). The EEOC agency will require you to fill out a ... Get more on HelpWriting.net ...
  • 37. I Find It Ironic That The Star Of The American Sitcom “Modern I find it ironic that the star of the American sitcom "Modern Family", Sofía Vergara, is involved in a custody battle with her ex–fiancé, Nick Loeb. The irony lies in the fact that the legal proceedings of this case reveal many American notions about the societal definition of family. Both in fiction and in reality, Sofía Vergara is playing the role of formalizing what it means to be a family in America. While illuminating ideals about family, the Sofía Vergara custody battle, also uncovers details surrounding the connection between law and the production of social order, the determination of fact, the distribution of power, and society's general vision of the world. Through the analytical framework of Lawrence Rosen's novel, "Law as ... Show more content on Helpwriting.net ... The details surrounding Nick Loeb's motivation for this custody battle combined with the ideology of America's romance regarding community, paint a perfect picture depicting the importance of family and its effects on an individual's social standing. As the Sofía Vergara article progresses, notions of family continue to be stressed, and in addition to the aspects of American social order that have been illuminated, concepts of fact production are divulged. The only relevant truth explicitly noted in the Sofía Vergara custody battle is the fact that Nick Loeb and Sofía Vergara are the "natural parents" of their frozen embryos (Article). Other than this chunk information, no other particulars regarding this case can be regarded as "truth". Truth is the subjective perception of the reality around society, and since truth cannot be further extracted from these legal proceedings, society must rely on fact to determine the appropriate course of action for the parties involved in the Sofía Vergara trial (Law, Culture, Society Lecture 2017). On page 68 of Law as Culture: An Invitation, it is said that even if there is "little dispute over what 'really happened' [in a court case], something must first be regarded as fact to count" (Rosen 2008, 68). Facts, statements that are believed to be true, have to be established in order for the Sofía ... Get more on HelpWriting.net ...
  • 38. Interrogatories for a Home Inspector IN THE CIRCUIT COURT OF ADAMS COUNTY STATE OF WISCONSIN CONSTANCE WOLF, f/k/a CONSTANCE WOLFGRAM Plaintiff, v. INTERROGATORIES Civil Action No. ________ LEWIS E. OLSON ALBERT DOBIASH (Note Send the Interrogatories separate) Defendants. In accordance with Rules _____________________________ of the Wisconsin Rules of Civil Procedures, Plaintiff requires that you answer the following Interrogatories in writing and under oath. DEFINITIONS As used herein below, the following words have the meaning hereafter set forth: 1. "Defendant", "you", and "your" refer to the party or parties to whom these Interrogatories are directed and all other persons acting on behalf of such party, including, but not limited to, ... Show more content on Helpwriting.net ... 1. Please identify the person or persons responding to these Interrogatories on behalf of the Defendant, and identify each person who has provided information in connection with these Interrogatories. 2. Identify any person not already named as a party to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others. 3. Identify each person (excluding your attorney) who provided you with information which enabled you to respond to this Interrogatory. 4. Identify the number of years you have been a licensed home inspector. 5. Please describe and provide documents that identify licenses that you presently hold (Real Estate,
  • 39. trades, mold, termite, thermography). 6. Provide a list of past customers who have used your home inspection services. 7. Identify your construction background and how are you formerly educated in construction sciences. 8. Identify and provide your membership of any related professional associations relating to home inspection and/or construction. 9. Identify and provide your credentials as a published writer or a speaker to establish credibility as a home inspector. 10. Provide information to show ... Get more on HelpWriting.net ...
  • 40. Case Analysis : ' Miccosukee Tribe Of Indians Of South... Case Note Assignment MICCOSUKEE TRIBE OF INDIANS OF SOUTH FLORIDA, etc., vs. CARLOS BERMUDEZ, et al., Professor Stephen Davis, Esquire Legal Environment in Business (BUL–6810) Florida International University Jonathan R.Vazquez MBA Candidate Florida International University October 6th, 2014 Order Date: July 2, 2014. Case Description: Miccosukee Tribe of Indians of South Florida, etc., vs. Carlos Bermudez, et al., Case Citation: Jacobson v. Sklaire, 92 So. 3d 228 (Fla.3dDCA2012) Abu–Ghazaleh v. Chaul, 36 So. 3d 691 (Fla. 3d DCA 2009), Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482 (Fla. 3d DCA 2000) Lage v. Blanco, 521 So. 2d 299, 300 (Fla. 3d DCA 1988) Appellant: Miccosukee Tribe of Indians of South Florida, etc. Appellee: Carlos Bermudez, et al. Plaintiff Below: Carlos Bermudez, et al Defendant below: Miccosukee Tribe of Indians of South Florida, etc. Appellant Attorney Firm: Law Offices of Bernardo Roman III (Miami, FL) Appellant Attorney who argued the case: Bernardo Roman III Appellee Attorney Firm: Crabtree and Associates, & Law Office of Maria L. Rubio Appellee Attorney who argued the case: John Crabtree & Maria Rubio Synopsis of the Case: According to court records, thirteen years ago, Carlos Bermudez, lost his wife in a terrible head–on accident when an intoxicated Miccosukee tribal member crossed the centerline of the Tamiami Trail and crashed directly into their ... Get more on HelpWriting.net ...
  • 41. Essay on Ford Pinto Trial Ford Pinto Trial The objective of this paper is to investigate what led to the Ford pinto criminal trial and the impact that it had. What led up to the criminal indictment of Ford, the trial itself, the verdict of the trial will be discussed. The Impact that this trial has had on the Automobile industry will also be investigated. In the late 1960's there was strong competition from VW and several Japanese companies in the small car market. Due to this competition Ford hurried the design of their small car, the Pinto, to market. Since the car was rushed into market and the specifications for the car were that it weigh under 2000 pounds and cost less than $2000, safety was not a major concern in the design of the pinto.1 In ... Show more content on Helpwriting.net ... In the 1977 September/October issue of Mother Jones there was an article written by Mark Dowie named "Pinto Madness". This article told of Ford's decision to sell a car in which they knew hundreds of people would be burnt to death. To make sure that this information did not just stay in the pages of Mother Jones, Dowie called a press conference on August 10, 1977 in Washington D.C. in order to get national exposure.3 That day as a result of this announcement the National Highway Traffic Safety Administration (NHTSA) announced a preliminary evaluation of the Pinto's Dangers. One month later NHTSA announced that they had initiated a formal defect investigation to determine whether the problem constitutes a safety related defect within the meaning of the National Motor Vehicle Safety Act of 1966.2 Mid–February of the next year the Pinto's problems were in the media's headlines again. In a landmark case a jury awarded Richard Grimshaw, a Pinto burn victim, $125 million in punitive damages and another $2.8 million in compensatory damages, "The largest award ever made by a jury in a personal injury case".2 About the same time $666,280 was awarded to the family of Lily Grey, who had died in an accident. These amounts were much more than the $200,000 for a human life and the ... Get more on HelpWriting.net ...
  • 42. Class Action: Union Carbide Or Bhopal Gas Tragedy Class Action– Definition A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of persons, referred to as "the class." It may be called as representative action which is a type of lawsuit where one of the parties is represented collectively by an individual who is member of group of people. The class action originated in the United States and is still predominantly a U.S. phenomenon, but several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. In a typical class action law suit a plaintiff sues a defendant or number of defendants on behalf of a group of persons. It is a Civil Action. The class action must have certain definite characteristics (often referred to by the acronym CANT): 1. Commonality: there must be one or more legal or factual claims common to the ... Show more content on Helpwriting.net ... Union Carbide Corporation & Sahu v. Union Carbide Corporation commonly known as Bhopal Gas Tragedy the tragedy occurred on December 2–3, 1984 in Bhopal where Carbide gas plant disaster at Bhopal, India, filed suit against Union Carbide and its former CEO, Warren Anderson, in federal court in New York.The leak of poisonous gas from the Bhopal pesticide plant killed over 5,000 people immediately, and injured many thousands more. Union Carbide's actions violated international human rights law, environmental law, and international criminal law, and the plaintiffs sought to hold the corporation accountable for these violations. US Court of Appeals confirm the transfer of litigation to India and rules that UCIL is a separate legal entity, owned, managed and operated exclusively by Indian Citizens in India. In November, 2004, a similar law suit was filed against Union Carbide on behalf of other plaintiffs who were injured by the water pollution at Bhopal and in March, 2007 a similar suit was filed on behalf of other plaintiffs alleging property ... Get more on HelpWriting.net ...
  • 43. Alternate Dispute Resolution vs. Traditional Litigation Essay Alternate Dispute Resolution vs. Traditional Litigation Jane Sully LAW 531 November 14, 2011 Judith Gray, M.A., J.D. Alternate Dispute Resolution vs. Traditional Litigation Alternate dispute resolution, as its name implies, offers an alternative to traditional civil litigation. The time and cost to bring a traditional civil case to trial are enormous. Alternate dispute resolution offers a more efficient settlement of disputes both in terms of time and money and has other benefits. Time to Trial The length of time from the filing of a civil case to completion of a trial can, depending on a person's location, take from one year to more than 10 years. This is due to the complexity of the court system. The defendant must be ... Show more content on Helpwriting.net ... For the attorney to take a case on contingency fee basis the case must be strong enough to win at trial or force the defendant to settle sooner and the defendant must have the resources to pay any judgment. No matter how strong your case is, if the defendant works for minimum wage and has no assets, it is unlikely the plaintiff will find an attorney to take the case on contingency. There is no right to a government provided attorney in a civil case; therefore the defendant must pay all his own legal fees. Even if the defendant prevails at trial, the cost of his defense may be enough to bankrupt him or force him out of business. Alternate dispute resolution can reduce the costs associated with a civil suit. For the most part, shorting the time to settle the case can provide substantial savings in attorney fees alone. Depending on the process chosen, savings on discovery and expert witnesses can also be realized. An often overlooked cost that can be reduced is the defendant's time and stress expended in a prolonged trial. While dealing with requirements of defending a lawsuit, will a businessman be able to focus on his company? Will they even want to, knowing that they could lose everything in the lawsuit? Privacy Usually, information used or filed as part of a lawsuit becomes public information. Opposing counsel has a right to dispose you and ... Get more on HelpWriting.net ...