...A civil lawsuit involves disputes between private individuals and/or organizations. The facts of the dispute could involve a contract, a lease, a physical injury experienced by an individual, a divorce, or many other issues. Nonetheless, all disputes or unresolved conflicts between individuals may ultimately be resolved through civil litigation. Generally, the result desired by the person filing the lawsuit is to be compensated for damages. An alternative result is to have the court enter an order requiring another person to begin or stop some activity. A civil lawsuit is started by the filing of a complaint which details the facts of the situation as seen by the plaintiff, the person desiring the court's assistance. A filing fee is collected by the deputy clerk at the time of the filing of the complaint. Once a complaint and summons have been filed with the court, these documents must be delivered to the opposing party, known as the defendant. The defendant then has twenty days to respond in writing to the complaint. The written response that the defendant files with the court is known as an answer. Again, the court clerk will collect a required fee for the filing of the answer. The defendant may, at the same time, file a counterclaim as part of his or her answer. The counterclaim states the relief that the defendant feels he or she may be entitled to from the plaintiff. The plaintiff then has ten days to file an answer to the defendant's counterclaim. If either...
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...are not entirely consistent between different criminal codes, and even among a particular code lines may be confused as civil infractions give rise to criminal consequences. Criminal law is typically enforced by the government. Civil law, or branch of law, deals with disputes between organizations and/or individuals, in which compensation may be given to the victim. Civil courts provide a confabulation for deciding disputes involving torts (such as libel, accidents and negligence), contract disputes, property disputes, the probate of wills, trusts, commercial law, administrative law, and other private matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an agreement. The victim is being compensated by the at-fault party, which is a legal alternative to, or civilized form of, revenge. There is often a pie of division and is allocated by the process of civil law, probably by invoking the doctrines of equity, in cases of an equity matter. Criminal lawsuits differ from civil lawsuits in that the criminal prosecutions are intended to convict and...
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...trailer hitch, which is made only in the state of Confusion. Tanya Trucker is frustrated because of the fact the Federal government has not been involved so far in regard to the state of Confusion obligating truckers to buy the required hitch or go around in which may cost more money than purchasing the required hitch. Why should the truck drivers buy a specific trailer hitch that the state of Confusion sells and requires no one knows if it is more secure than those already on the trucks. Tanya Trucker is weary of this outrage and wants for something to be done. Tanya Trucker has decided to file lawsuit against the state of Confusion to end this hitch dilemma and overturn the statute once and for all. In Tanya’s preparations to pursue this lawsuit she needs to first find what court will have the jurisdiction over the case. If Tanya Trucker case is strong enough she may file at the civil division of the state trial courts. The general jurisdiction trial courts would first hear testimony and seek any evidence presented that can determine the strength. If Tanya Trucker’s case would get thrown out she can seek her appeal in the Appellate Court System in which no further evidence can be brought in play and have the case reviewed thoroughly. This situation arises a question is the state of Confusion statute constitutional? I believe this Confusion statute is not constitutional because there is no federal regulation to be found. However, it would be constitutional if there...
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...people to utilize medications to the best. It is notable that since professionals own specialized knowledge which the client does not have, the possibility of the professional exploiting the client exists. It is however important to note that such exploitation leads to very severe consequences since it has violated the guiding regulations for pharmacists. While executing the duties of a pharmacist, it is possible to make mistakes that have serious consequences. There are a number of ways in which professional misconduct among pharmacists can be handled. The Board of Pharmacy may take action against the pharmacists where a hearing is made before any disciplinary action is taken. The violation of regulations may also be presented before a civil court or before a criminal court. In case of a compliant being presented before a Board of Pharmacy, the complaint is usually presented by the customer before the Board prompting the Board of Pharmacy to launch investigations. The findings of the investigation are used to determine the disciplinary action to be taken, if any. Complaints that are handled by the Board of Pharmacy involve violation of the regulations governing the board and may not...
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...states, means “too ready or eager to sue someone or something in a court of law” (Merriam-Webster). Today’s society is extremely litigious because although the laws can act as guidelines that discourage people from committing crimes or as Llewellyn states, “less as making order than as maintain order when it has gotten out of order (Llewellyn, 213),” they are also be used to punish the most minor crimes and torts. Each year, about 18 million to 30 million civil cases are considered in both federal and state courts (Pflepsen). Moreover, the United States of America has more than 70 percent of the lawyers in the entire world with half of them doing what non-lawyers do in the other parts of this world (Pflepsen). Yet, the mere fact that the United States has more than a third of the entire world’s lawyers shows that there is a high demand for litigation services, as demonstrated by the number of civil cases that are brought to federal and state courts. Some people have different views toward this previously mentioned lawsuit numbers. Given that there are different varieties of crimes that people can be punished in courts for, such as assault and battery, false imprisonment,...
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...filing a suit against Confusion to overturn the statue. Court with Jurisdiction The court that will have jurisdiction over Tanya Trucker’s suit is the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 2010). Even though this is a state statue, the federal jurisdiction will still have the power to decide if it is valid or not. Confusion Statute Constitutional Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit concerns a “case of controversy.” Even though states have the power to set their own statues, some of them can cause concern and have to be reviewed by higher courts. The state of Confusion is using the simple fact that the trucks have to drive through their state and are gaining from them financially. They are not requiring the B-type hitch to protect the roadways and are solely requiring the hitch to produce extra income. Therefore, the Confusion statute is unconstitutional. What provisions of the U.S. Constitution will be applied In Article 1, Section 8, Clause 3, of the...
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...nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statue imposes on her business. She intends to file suit against Confusion to overturn the statue. In filing this suit she hopes that it will not only help her but many other trucking companies with the same problem. Jurisdictional Court The jurisdictional court that will oversee Tanya Trucker’s lawsuit will be the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, the federal courts may decide in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State, (Lectric Law Library, 2012). Even though this is concerning a state statue the federal jurisdiction will still be able to have the power to decide its validity. Confusion Statute Constitutional Within the Article III, Section 2 of the United States Constitution, the lawsuit will concern a “case of different opinions or controversy.” Even though many states will have the power to put forth their own statues, many of these statutes will leave a cause for concern, and this will allow them to be viewed by a higher...
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...of business law is the class action lawsuit. I find this intriguing because class action law suits are often litigated on the same principles as other types of civil action suits, however, the outcome of the class action lawsuit often may have a deep impact on our society, as well as our legal system as a whole. In a normal civil lawsuit, where the plaintiff is the victor, said plaintiff is typically well compensated for their respective damages. Thus it can be viewed that is how justice is served in these cases. In the class action lawsuit where the plaintiffs win, often the individual is not proportionately compensated for their damages as compared to the victor in the average civil suit. In fact there have been class action law suits that have been held in favor of the plaintiffs, damages have been rewarded by the courts, but the individual did not receive a cent of monetary compensation. Yet, in these cases, justice has still been adequately served on the basis of morality. . In this paper, we are going to take a look at class action lawsuits. This paper will cover the history of class action lawsuits, what exactly a class action law suit is, how a class action suit is filed, and we’ll take a look at some of the more famous and impacting class action lawsuits in our nation’s history. The history of most of the United States legal system is deeply rooted in the heart of English common law, and class action lawsuits are no exception. The origins of...
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...McCormack & McAuliffe v. Campus Crest Group, L.L.C. Elizabeth Braquet Gibson LeTourneau University Business Law – Sanders Heather McCormack & Nicole M. McAuliffe v. Campus Crest Group, L.L.C. (including business subsidiaries) United States District Court, W.D. North Carolina, Charlotte Division Campus Crest is a major developer in the United States that builds and manages multiple properties on College campuses throughout the country. The firm has locations and subsidiaries in numerous states and has seen its share of scandal during its duration. Heather McCormack (Plaintiff #1) was hired by Campus Crest in 2008 as an operations controller for Campus Crest. Later that same year, Ms. McCormack was promoted to the VP of Administrative Services and given a raise to $100,000 a year with an added bonus at the end of 2008 in the amount of $50,000. For several years the Plaintiff was exposed to unstable working environments, requests by upper management to falsify records, numerous accounts of racial discrimination against prospective employees and the sexual advances from a company official (VP, Sharpe). Ms. McCormack stated that while employed by Campus Trust Group, L.L.C. she was confronted on numerous occasions with hostile and discriminatory comments by the company’s executive vice president, Brian Sharpe. She stated the extreme unease she felt in the work environment due to these actions. Mr. Sharpe is quoted by coworkers as often making statements...
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...because it is more cost effective than traditional litigation. Traditional litigation is used when the company and petitioner cannot come to an agreement on a settlement. Traditional litigation system is a system where the civil court is involved with the dispute and a trial is required. “In the United States, traditional litigation system refers to the resolution of disputes by utilizing the civil court system. The system is based on an adversarial system of justice where attorneys’ are duty bound to zealously represent their clients within the bounds of the law and the Canons of Professional Responsibility. All court proceedings, from the commencement of an action up to and including a trial, are governed by the formal and detailed rules of civil procedure” (XXXXX). There are 2 main phases in filing a civil lawsuit using traditional litigation. The first phase is, to commence a court action. This process happens when the defendant of the case is formally served with paperwork from a local law enforcement agency. The second step in traditional litigation is a pre-trial hearing. In the pre-trial hearing a discovery has to be made. A discovery is court monitored and allows the parties involved to exchange documentation that is relevant to the lawsuit. While the pre-trial phase is existent, the parties may file as many motions needed to determine the outcome of the litigation. Alternative Dispute Resolution (ADR) can be the best way to file a business suit. The cost...
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...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. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different...
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...In a civil lawsuit, a person or company called the plaintiff brings another party, referred to as the defendant, to court. The plaintiff, or party that was injured in this case, typically with the help of an attorney, files a complaint, which is the first pleading in a civil action, stating the cause of the action. The plaintiff’s complaint asks for money or relief from a defendant who has been accused to have caused this injury. A summon is then issued by the court to the defendant. The summon provides notice of the lawsuit and a copy of the complaint. The defendant is then given a specified to show up in person to court. Next phase is the discovery phase. Parties try to learn as much as they can about the nature of the case and discover the realness of the claims and defenses. This phase involves interviews with witnesses, requests for copies of documents, and even face-to-face sessions under oath, which are called depositions. After discoveries are completed and made, a trial date is set. At the trial, the plaintiff presents evidence to the judge, and then the defendant gets an opportunity to present the defense side of the case. The judge or jury then takes the evidence from both parties and comes up with the verdict. The losing party can appeal the decision to an appeals court. The appeals court examines the record of the trial for reversible errors. Then the appeals court hears oral arguments from both sides then announces its decision, which will affirm or reverse the...
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...In order for John who is an employee in a private sector organization to file a discrimination complaint against his employer, there are various steps that must be taken in order to do so with the Equal Employment Opportunity Commission (EEOC), and the U.S. Court System. Equal Employment Opportunity Commission (EEOC) laws were designed that governs both the employee and employer when a complaint is filed. According to U.S Equal Employment Opportunity Commission (n.d), “EEOC files employment discrimination lawsuits in select cases. When deciding whether to file a lawsuit, EEOC will consider several factors, including the seriousness of the violation, the type of legal issues in the case, and the wider impact the lawsuit could have on EEOC efforts to combat workplace discrimination. Because of limited resources, EEOC cannot file a lawsuit in every case where discrimination has been found”. In this scenario, the first thing that John has to do in filing his complaint is to do so with the office of EEOC. After the complaint has been filed, the Equal Employment Opportunity Commission (EEOC) will then take over the case, which they will take the proper steps in an effort to avoid any legal actions. John’s case will be moved to a state level, and if it is necessary then to the Supreme Court. The employer in this matter will then be notified regarding the complaint that was filed against them. Also, in some cases if agreed upon by both parties, a mediator is assigned in the attempt...
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...Negotiation Strategies Paper Michael-Paul Battle MGT/445 April 28, 2011 Rodney Cooper Negotiation Strategies Paper Winston Churchill once said, “However beautiful the strategy, one should occasionally look at the end results.” Although this is implied toward war, one can apply it to the art of negotiating. Negotiators use different tactics and strategies when trying to achieve a desired result. To understand how strategies in negotiating affect the outcome of the results, two articles that employ different negotiation strategies are reviewed and discussed. The discussion includes the negotiation processes used in the selected articles, a comparison and contrast between two strategies, and how those strategies can be applied to MHMG Cardiology Southwest. Negotiation Strategies Integrative Many people would agree trust is earned. When a negotiator is looking to earn trust during a deal, they are building a relationship with the other party in hope of continuing to do business later down the line. Building a relationship is one aspect of integrative negotiation-a process often seen as ‘win-win’ situations involving two or more issues to be negotiated (Negotiation Experts, 1996-2010). One example of integrative negotiation is the negotiation that took place between a Navy contractor and a shipyard in Greece. Because of political differences, the shipyard had not done work on U.S. Naval ships over two years (Wengrowski, 2004). The ship in question received critical...
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...First Universal Lending LLC- An Elaborate Scam By Javoris L. Brown Strayer University LEG100 – Emily Smith Business Law 1 November 2012 The local business I choose to do my research on is First Universal Lending LLC, a limited liability company created by attorney David J. Feingold. Originally, First Universal Lending was created to help borrowers with the process of financing or purchasing a home. However, throughout the time that they were helping borrowers, many people were put into loan payments that they could not afford. With their livelihood and pride at state, borrowers began to complain about the loan that First Universal Lending acquired for them. Once these complaints were made public the company’s credibility reached an all-time low. In an effort to rekindle the flame the company hired new managers and personnel to point them in the right direction. Sean Zausner and his younger brother David Zausner were the new recruits that would maximize the profit and minimize the lost. After doing a bit of research, the Zausners proposed a new program that was capable of having an infinite line of income, The Loan Modification. During the loan modification process borrowers were attempting or led to believe that the terms of their mortgage could be reconstructed to their benefit or needs. With their home and family at state borrowers were willing to pay anything to keep their houses, this train of thought is what the Zausners predicted to happen. Once David Feingold...
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