BLAW 280 Module 2 Starter File
xlsx
keyboard_arrow_up
School
Louisiana State University, Shreveport *
*We aren’t endorsed by this school
Course
280
Subject
Law
Date
Apr 3, 2024
Type
xlsx
Pages
11
Uploaded by DeanGuanaco4108
BLAW 280
Business Law MODULE 2
FALL 2022 AP2
Name
Gabrielle Gordon
Date3/25/2024
Still have e
37
Be sure to SAVE this to your desktop
With your Cursor on the little blue dot --->
212
217
1
2
eggs to hunt
Please provide Feedback on this Module here:
this took a total of 5 1/2 hours to complete
Chapter 3
1. Identify the parties involved in litigation.
2. What is the role of lawyers in our adversarial system?
3. What are the roles and obligations of jurors?
1. What is the standing requirement?
2. How does a court obtains personal jurisdiction over the parties?
2. How are class-action lawsuits organized and prosecuted?
3. What are the issues and challenges facing parties during discovery?
1. How is a jury selected?
3. What is the public policy rationale for the trial system?
3.1 The Parties Involved
3.2 Standing and Personal Jurisdiction
3.3 Pretrial Procedures
1. What are the pretrial procedures such as pleadings, discovery, and motions?
3.4 The Trial and Appeal
2. What are the steps in a trial (from opening statement to closing arguments)?
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
11
PUT YOU ANSWERS HERE!
judge, plaintiff, and defendant
lawyers role is to be an administrator of justice
jurors are the fact finders; the jury has the duty of determining the truth in any given situation: who said and did what, why, a
Standing is a constitutional requirement;is a doctrine that limits judicial overreach by circumscribing the types of cases that ar
In a class-action suit, the representative plaintiffs of the class. Describes a lawsuit in which a representative plaintiff represent
Discovery can be expensive, make litigation longer and require judge supervision. through voir dire
open statement> direct examination > cross examination > directed verdict > closing arguments
A court obtains personal jurisdiction over the plaintiff when the plaintiff files its lawsuit;Obtaining personal jurisdiction over th
between the defendant and the state where the court is located.
The complaint, answer, and any supporting documentation is a pleading; a motion is Any request to a court for the court to ta
Discovery is a process in which each side finds out information about the other’s case
the trial system is designed to fair and result in a judgment from a jury of peers but in reality it is flawed because the fact finde
innocent/guilty parties
Chapter 4
4.1 Negotiation
1. How does a negotiation in avoid and settle disputes?
2. How is negotiation commonly employed in business?
3. What is bargaining power mean?
4.2 Mediation
1. What is mediation?
3. Which disputes are suitable to mediation?
4. What are the benefits and drawbacks of mediation?
4.3 Arbitration
1. What is arbitration?
2. Is arbitration fair?
3. When is arbitration a viable option for dispute resolution?
4. What are the benefits and drawbacks of arbitration as a form of ADR?
1. Describe each of the in-house dispute-resolution methods?
2. Explore the benefits and drawbacks to forms of ADR
1. What are the potential restrictions upon ADR?
2. What are the points of access to government to change public policy?
4. What are the benefits and drawbacks of negotiation as a form of alternative dispute resolution (ADR).
2. What is the process of mediation as an alternative dispute resolution strategy?
4.4 Other Methods of Alternative Dispute Resolution
4.5 Public Policy, Legislation, and Alternative Dispute Resolution
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
3. What is the Arbitration Fairness Act Bill?
26
Resolution
PUT YOU ANSWERS HERE!
. A method of ADR that retains power to the parties involved. It is often seen as a win-win ADR strategy, where both parties tr
The relative power of a party with respect to another party or parties that influences abilities to set agendas, influence outcom
Benefits:potential for a speedy resolution, the inexpensive nature of participation, and the fact that parties participate volunta
Drawbacks:there are no set rules, and either party may bargain badly or even unethically, if they choose to do so
Mediation is a method of ADR in which parties work to form a mutually acceptable agreement
dispites between employers and employees, business disputes, contracts disputes
Benefits: quick resolution,reduced cost,rules with a mediator
Drawbacks: unwilling parties, failed mediation, not binding
Arbitration is a method of ADR in which parties vest authority in a third-party neutral decision maker who will hear their case a
if both parties are equally situated as in business to business or employee to employee
it is a viable option if both parties have the same equal bargaining power
Benefits: formal, will produce a winner and a loser
Drawbacks: unfairness, appropriatness,
Private Judging: . This process allows judges to hire out privately, to conduct private trials, and to reach a rapid resolution over
Mini-trials: is a procedure that allows the parties to present their case to decision makers on both sides of the dispute, followi
Summary jury trials: a mock trial presented to a jury, nonbinding verdict
Med-Arb: Med-arb has the same benefits and drawbacks as mediation and arbitration alone, with some important differences
Private Judging: Benefits- fast avoiding trail, private matter drawbacks: enforcebaility and fairness amongst those who can affo
Mini-trials: directly enter mediation and negotian with drawbacks: parties are in a better position to negotiate or mediate an o
Summary jury trials: allows parties to measure the strengths and weaknesses of their cases prior to engaging in litigation, whic
Not all conflicts are able to be fairly resolved by mandatory ADR, there are unequal parties with unfair balances of power
Congress can amend the FAA, supreme court could overturn prior rulings, checks and balances can occur properly if the AFA b
Negotiation is often the first method of dispute resolution attempted,because it is inexpensive and relatively fast. Additionally
as a friendly method to resolve disputes
Mediation is often an option for parties who cannot negotiate with each other but who could reach a mutually beneficial or m
issues to find a resolution that achieves the parties’ objectives
Med-Arb:a mediation followed by an arbitration. If the mediation does notproduce a satisfactory outcome, then the parties s
arbitrator if the dispute-resolution process goes that far
A bill that, if passed, would invalidate mandatory arbitration requirements for consumers in business to consumer (B2C) dispu
involving violations of civil rights
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
CASE SUMMARY
Case Name
Southland Corp. v. Keating, 465 U.S. 1 (1984)
Citizens Bank v. Alafabco, Inc., 539 U.S. 52 (2003)
Jones v. Halliburton Co., 583 F.3d 228 (5th Cir. 2009)
Circuit City Stores, Inc., v. Adams, 532 U.S. 105 (2001).
Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991)
Lozano v. AT & T Wireless, 504 F.3d 718 (9th Cir. 2007)
Summary
Southland Corp. v. Keating, 465 U.S. 1 (1984), is a United States Supreme Court decision concerning arbitration. It was original
California state courts, alleging breach of contract by the chain's then parent corporation. Southland pointed to the arbitration
and said it required disputes to be resolved that way; the franchisees cited state franchising law voiding any clause in an agree
waive their rights under that law. A 7-2 majority held that the Federal Arbitration Act (FAA) applied to contracts executed und
Burger wrote for the majority that it was clearly the intent of Congress in passing the FAA to encourage the use of arbitration national policy favoring arbitration." Justice Sandra Day O'Connor dissented, along with William Rehnquist, arguing that the le
suggested it was intended to apply only to contracts executed under federal law.
Citizens Bank (Citizens) and Alafabco Inc. (Alafabco) had multiple business dealings with each other spanning over a decade. In
job based on a contract it had with Citizens to finance the project. When Citizens did not finance the project, Alafabco used ex
it owed to Citizens to fund the project and subsequently defaulted on its loan payments to Citizens. Citizens and Alafabco com
agreements, both of which included arbitration clauses that stated that the Federal Arbitration Act (FAA) would apply. Alafabc
for breach of contract and claimed that it had incurred detrimental debt because of Citizens’ breach. Citizens invoked the arbi
ordered the parties to submit to arbitration pursuant to their agreement. The Supreme Court of Alabama reversed and held th
agreements did not substantially involve interstate commerce, the FAA did not apply to the parties’ disputes
In 1995, Saint Clair Adams, who was hired as a sales counselor, signed an employment application with Circuit City. A provision
employment disputes to be settled by arbitration. Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), was a United States S
whether the "section one exemption" of the Federal Arbitration Act applied to an employment contract of an employee at Cir
the exemption was limited to the specific listing of professions contained in the text. This decision meant that general employ
sued under, would have to be arbitrated in accordance with the federal statute.
Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), is a 1991 case in which the Supreme Court of the United States ru
requires enforcement of an arbitration clause to compel arbitration of statutory Age Discrimination in Employment Act of 196
Interstate Johnson Lane later became part of Wachovia Securities.The court held that claims under the ADEA were subject to Employment Opportunity Commission aside from judicial resolution, and therefore, found that Congress did not intend to mak
an issue for judicial review. Petitioner failed to prove that the ADEA specifically precluded arbitration of ADEA claims, and ther
petitioner's claim was subject to arbitration was affirmed
Lozano is a customer of AWS and brought this putative class action based on AWS's disclosures relating to its billing practices f
billing was not fully disclosed by AWS.The Welcome Guide Lozano received also contains an arbitration agreement that prohib
arbitration. The conclusion was the reversal of the class action suit based on arbitration clauses by AWS.
In Jones v. Halliburton Co., 583 F.3d 228 (5th Cir. 2009), a Halliburton employee stationed in Baghdad raised tort claims of assa
of emotional distress, negligent hiring, and false imprisonment against her employer for a rape that occurred in her bedroom the Fifth Circuit had held that an employee's tort claims, arising from an alleged gang-rape of the employee while she was stati
not "related to" her employment within the meaning of arbitration provision.