Business Law

In: Business and Management

Submitted By AtiqByhaqi
Words 6090
Pages 25
Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3]

Please read:
a personal appeal from
Wikipedia founder Jimmy Wales
Read now

Alternative dispute resolution
From Wikipedia, the free encyclopedia
Jump to: navigation, search


| This article needs attention from an expert in Law. Please add a reason or a talk parameter to this template to explain the issue with the article. WikiProject Law or the Law Portal may be able to help recruit an expert. (November 2008) |

| This article needs additional citations for verification. Please help improve this article by…...

Similar Documents

Business Law

... Sherwanda Fox Business Law 07.26.12 Microsoft Corporation v. i4i Limited Partnership and Infrastructures for Information Inc. No. 10- 290 I4i is a software consulting company that creates markets and sells computers. I4i applied for a patent covering its invention which is an improved method for manipulating an electronic document's architecture and content. This technology is commonly referred to as a "markup language."These computer languages place "tags" around text to tell a computer how to structure an electronic document, including how to display and format text, and whether to classify data as a certain type, such as a name, social security number, or address. A specific markup language, XML, allows users to develop their own custom tags. In 2003 Microsoft Corporation began releasing versions of Microsoft Word that were capable of editing XML. In 2007 i4i sued Microsoft Corporation because of the fact that Microsoft word XML processing and editing capabilities infringed on i4i’s patent. The issue of this case is whether the challengers of the validity of a patent can prove invalidity by a clear and convincing evidence standard or whether courts should only hold challengers to a preponderance of the evidence standard. At trial the jury was instructed that Microsoft Corporation prove the patent’s invalidity by showing clear evidence, even though the evidence Microsoft presented had never been reviewed by the U.S Patent and Trademark Office. The patent act states...

Words: 1046 - Pages: 5

Business Law

...Somebody said that: all laws in Australia are made by the Federal Parliament. However, this statement is not true. The reason for this becomes clear in the next section. The source of law making in Australia divided into two descriptions: common law and Acts of Parliament which declared by courts and parliament respectively. The Australian legal system is based on the English legal system and is known as a common law legal system. Common law in known as precedent, case-law and judge-made law. At the same time, laws made by parliament are called Acts of Parliament, statutes, or legislation. Parliament also delegates the power to make certain laws to other bodies such as government departments and local councils. These bodies are called delegated bodies or subordinate authorities and the laws they make are called delegated or subordinate legislation. In making laws, the role of the federal/state parliament is very important. Firstly, the proposed law must be put into the form of statute by the office of the parliamentary counsel. The proposed law is called bill when they are in draft form. Secondly, the bill must be passed by a majority in both houses of parliament. During this section, there will be a lot of discussion and debate and various amendments will be proposed. Along this way, bills can be initiated in either house of parliament. They are very necessary steps in making laws. In fact, not only the federal/state parliament has important roles, but also common...

Words: 401 - Pages: 2

Business Law

...Business and Society Law Kaleb Gee LAW/421 March 20, 2012 Dr. Lisa Browning Business Law Today Introduction Law is a broad and vague term as relating to business. The judiciary branch gives people and businesses a definable structure to operate with-in. Federal and state governments also provide a premise to settle civil and criminal disputes between individuals or individuals versus businesses. This paper will define the functions and role of law in business and society. It will also discuss the functions and role of law in my corporate retail industry. Function and role of law in business Businesses’ main goal is to make money by providing a certain service or product. Without some sort of structure, corporate fraud and wrong-doing would be widespread. Law and its’ governance provide the necessary legal guidelines that keep businesses in check. Laws also “supply ethical business standards and expectations” (Bushman, 2007). Law is ever-adapting to continue regulating businesses as also adjust to the economy. Business need to know and understand the laws that apply to them to “recognize opportunities for proactive business planning, limiting liability, gaining a competitive edge, and adding value to the business” (Melvin, 2011). Function and role of law in society “Without laws to govern the actions of people and businesses, society would not be able to function effectively” (Bushman, 2007). Individuals must follow the law or face criminal and/or civil...

Words: 643 - Pages: 3

Business Law

...1. Who is the head of the executive branch of the U.S. Government? The president 2. Provide the official web address for the head of the executive branch of the U.S. Government. http://www.whitehouse.gov/ 3. Which group heads the judicial branch of the U.S. Government? The Supreme Court of the United States 4. Provide the official web address for the group that heads the judicial branch of the U.S. Government. http://www.supremecourt.gov/ 5. Which group heads the legislative branch of the U.S. Government? the United States Congress 6. What is the difference between common law (also known as case law) and statutes? Statute law refers to the laws that have been passed by the legislature and have been written down and 'codified' for use. Common law refers to the laws that are more or less "that's the way it has always been done." Common law relies upon the body of history and prior cases to establish what the rules are, one of the reasons lawyers study past cases so much.  7. Go to http://www.leginfo.ca.gov/calaw.html. This is the official web site for California statutes (also known as "Codes"). Click on "Business and Professions Code" and then press the "Search" button. Which division and which chapter deals with attorneys? DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY CHAPTER 4. ATTORNEYS 8. Which article and which section deals with attorney fee agreements? Article 8.5. Fee Agreements SECTION 6146-6149.5  9. What does section 6149 state? (For this......

Words: 298 - Pages: 2

Business Law

...Table of Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC. (3.1) Contrast liability in torts with contractual liability * Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties. * Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract...

Words: 2459 - Pages: 10

Business Law

... relating to seaworthiness was not a condition of the contract. 2.2 identify the terms included in the contract and evaluate the effect of different terms relating to the scenario (P 2.1, 2.3) (D2) 1. Assessment criteria covered in Task 02 1. 2.1 apply the elements of contract in given business scenarios 2.2 apply the law on terms in different contracts 2.3 evaluate the effect of different terms in given contracts Task 3 3.1 Differentiate tort liability with contractual liability (P 3.1) 3.2 Explain Negligence in law of tort with other concepts associating with it. (P 3.2) (M2) 3.3 Explain vicarious liability and its role in the business context (P 3.3) (M2) Assessment criteria covered in Task 03 3.1 contrast liability in tort with contractual liability 3.2 explain the nature of liability in negligence 3.3 explain how a business can be vicariously liable Task 4 Case study Daniel was selling his company, Daniel Dine, and ciara was considering buying it. Ciara met Daniel’s Auditors, Arthur Anderson personally and expressed his idea of taking over Daniel Dine and wished to obtain advice on the matter along with financial information about Daniel Dine. Arthur Anderson advised and gave information to Ciara but mentioned that they accept no liability for the information. Depending on the information given by Arthur Anderson, Ciara proceeded and bought the company and later on realized that the information given by Arthur Anderson...

Words: 1702 - Pages: 7

Business Law

...1. What are the main sources of Scots Business Law? A: The main sources of Business Law are UK Parliament (West Minister), European Parliament and Scots Legislation. Also, the others are Judicial Precedent, Institutional Writers and Custom. 2. Judicial Precedent is Superior to Statutory Law. Do you agree with this statement? A: I disagree; the judicial precedent is formed from a case law, it’s known to be the most important source in common law. A law which is implemented by the judges from a case outcome, if the case law from past outcomes is regularly used in future cases in court, then it is foreseen as ‘in active use’ by the court, therefore, the law is presented to the Superior | Common Court for proceedings. A Statutory Law is the Highest of all binding laws, and this law is made by Parliament in Superior Courts. A Judicial Precedent law is made in Common Court | Superior Court, the Superior Court has higher authority over the common court. 3. Give an example of Judicial Precedent? A: My example for Judicial Precedent Law is the (1932) Donogue V Steveson case. 4. Which is superior Legislative Body: The Westminster Parliament or The Scottish Parliament? A: All main Laws from Scottish Parliament are regulated by UK Parliament (West Minister), Scottish Parliament are then given authorisation for a new legislative act. The legislations are then stated as statutory Laws. So, against Scottish Parliament, Westminster Parliament is the more...

Words: 931 - Pages: 4

Business Law

... different type if agencies. Administrative law governs the rules that have been established by different. Departments and they only restricted to certain procedures. The rules are so complex and they can affect other entities of the business this law is very crucial. Administrative law is the rules that have been established by the company. These rules help guide orderly conduct and established goals for the company. The Case and Common Law Doctrines, which has been discussed earlier about. Furthermore, when you think about common law and all the Sources of American law what is it so important to have a good decision making process in action. The precedent is an important parts any case. Precedent can change over time, evolution, or technology. This is due to the increase of new information that has been improved over time. Rules that may have applied back in 1968 may or may not apply in 2013. New law will continue to be established and the some precedents will be reviewed, overturned, or denied. There are some cases that are called “ Cases of first impression” (Jentz-Miller pg.9,), which these cases have had no previous precedents may use others from different counties. The best part about this is if the attorney can argue a good case against the first precedent. If correct the ruling could possibly be overturned. Precedents help to decide a fair ruling. It will always be based on something. There will be two sides one will win. This is the same for our...

Words: 966 - Pages: 4

Business Law

... body of law developed by the courts that serves as precedent for determination of later controversies. * Equity body of law based upon principles distinct from common law and providing remedies not available at law.Legislative Law statues adopted by legislative bodies. * Treaties agreements between or among independent nations. * Executive Orders laws issued by the President or by the governor of a State.Administrative Law body of law created by administrative agencies to carry out their regulatory powers and duties. | Chapter 2 Definitions | Ethics study of what is right or good for human beings.Business Ethics study of what is right and good in a business setting. | Ethical Theories | Ethical Fundamentalism individuals look to a central authority or set of rules to guide them in ethical decision making.Ethical Relativism actions must be judged by what individuals subjectively feel is right or wrong for themselves.Situational Ethics one must judge a person’s actions by first putting oneself in the actor’s situation.Utilitarianism moral actions are those that produce the greatest net pleasure compared with net pain. * Act Utilitarianism assesses each separate act according to whether it maximizes pleasure over pain. * Role Utilitarianism supports rules that on balance produce the greatest pleasure for society. * Cost-Benefit Analysis quantifies the benefits and costs of alternatives.Deontology actions must be judged by their motives and means as well as...

Words: 833 - Pages: 4

Business Law

...Name: Course: Instructor: Date: Business Law Carl ideally a resident of Country X but legally, he is an investor inside the franchise business after getting into an contract or agreement with his fellow countryman Rudolph. Nevertheless, Carl cannot be regarded as a citizen in every way since he has not gotten any form of citizenship. This is since regardless of the Franchises Agreements not needful of the availability of documentation he is still not a citizen. This is can well be referred from the subsection 1324(a)(2) which forbids any deed of attempting to bring any illegal alien into the united states through which ever means whatsoever with a goal of legalizing their stay or making them citizens of the American state. Carl does not meet the standards for gaining citizenship and any absolution in doings, which he is not allowed by law to complete, would be met by extradition back to Country X. On the contrary, Robert is an illegitimate immigrant if he fails to hold accurate and defined papers of authorization for him to take over from Carl in driving the entity. This is since working in the United States needs permitted and genuine work permits. Irrespective of their agreement with Rudolph to take Carl’s place, he is not legible for travel, as the Franchise Agreements disallows for the automatic work appointment of persons from other nations into the United States. Robert continuous outings with Flo might obstruct the work affairs resulting to detrimental consequence...

Words: 555 - Pages: 3

Business Law

...1 MBA 610: Final Paper Description and Grading Guide Overview In a well-crafted, comprehensive paper, use specific cases, statutes, course resources, and course concepts to demonstrate your competency with regard to all of the following three points: 1. Areas of the law that you feel most affect business decisions (Law and Business Decisions) 2. Major underlying principles of the law that you feel are most impactful (Impactful Law Principles) 3. Common sources of fear and distrust of the law and how these misconceptions can be alleviated (Distrust of the Law and Misconceptions) Main Elements A. Choose a topic of interest from this course. B. Conduct research related to the topic of choice. C. In your paper, draft responses to the following three points (listed above): • Law and Business Decisions • Impactful Law Principles • Distrust of Law and Misconceptions D. Select specific cases that support your topic. E. Include the applicable laws and regulations that support your topic and why you chose them. F. Apply course concepts and course resources in your paper. In 10-3 Final Paper, you will submit your Final Paper. This milestone will be graded using the Final Paper Rubric. MBA 610: Final Paper Rubric Requirements of submission: Written components of projects must follow these formatting guidelines when applicable: double spacing, 12-point Times New Roman...

Words: 628 - Pages: 3

Business Law

...Positive law as the ethic of our time. Business Horizons | September 01, 1990 | Fisher, Bruce D. | Copyright Positive Law as the Ethic of Our Time The number of businesspersons, political leaders, TV ministers, sports personalities, educators, and other role models for American society who in recent years have been fined, imprisoned, left private or public office in disgrace, or been denied Olympic medals starlets many. Others not only are alarmed by the rash of apparently unethical conduct by society's leaders, but also wonder if there is some character flaw in the present generation of achievers that dooms their ultimate success - and threatens the commitment of the average member of society to the ethics of work and integrity. It is not unusual to read of self-studies by leading business firms that question the propriety of basic organizational values and ask hard questions about the institution. Certainly it makes institutions such as businesses and governments appear ridiculous to line personnel, who are micro-managed to death by institutional guidelines covering the minutes aspects of their work yet see leaders who appear to violate laws governing major phases of their business. This article advances the notion that the "law on the books" - positive law - has become the basic ethic of our business and social culture today. That is, people have come to accept the notion that if they have followed the law on the books in a democratic society, that is probably...

Words: 9312 - Pages: 38

Business Law

...FRAUD 2.1.2 IT IS FARUDULENTS Common law, is the two categories of agreements are not enforceable, the agreement and the agreement null and void. Invalid agreement in question is an agreement which is contrary to law or prohibited by law. Agreement or contract that illegal is actually means the agreement entered into conflict with the law is carried out in a country. This is because, within the provisions made under section 24 (a) to (e) states that a response or the objectives of the agreement is not valid if it is included in one of the following five categories. Where, in accordance with section 24 (a) describes it is forbidden by law. Whereas, section 24 (b), however, said it is way, if allowed, will disappoint the provisions of any law. Section 24 (c) explains that it is a scam. Section 24 (d) Furthermore, it involves harm to themselves or other people's property or pursuant to section 24 (e), it was considered by the court as immoral or contrary to public deception. 2.1.3 IT INVOLVES OR IMPLIES INJURY TO THE PERSON OR PROPERTY OF ANOTHER Section 24 (c), the contract in the form of fraud or deception. In section 24 (c) says that the reply or purpose of a treaty is legally valid, unless it is a fraud. Section 24 (c) is an agreement that in return or goals are hoaxes trump card is included in the contract unlawful. A reply or intent of deception or fraud is not valid. For example, the agreement between A and B, where A will pay RM2000 to B if B promises to deceive...

Words: 757 - Pages: 4

Business Law

...Business Law Assignment Unit 9 Gregory Vogel Kaplan University Dale Emerson served as the CFO for the Reliant Electric Company, which distributes power to portions of Montana and North Dakota. Reliant was in the final stages of a takeover of Dakota Gasworks. Dale went on a fishing trip with his Uncle Ernest and mentioned the takeover of Dakota Gasworks. His Uncle Ernest then met with a broker and purchased $20,000 of Reliant stock. Over the weeks, Reliant stock rose and Dale’s Uncle made a huge gross profit by selling off the Reliant stock. Registration statements must be filed by all companies, domestic and foreign with the Securities Exchange Commission. This registration information includes: a full description of what a company owns as far as property and business, information on the securities for sale, management of the company and certified financial statements, i.e., prospectus. There are exemptions for registration: Private offerings of persons or institutions, those of a limited size, multi state offerings, and government securities ((U.S. Securities and Exchange Commission, 2011). The Sarbanes Oxley Act of 2002 realized major changes to the regulation of accounting and financial practices within corporations. These changes have continued to be achecks and balance within corporations (Addison-Hewitt Associates, 2003). PUBLIC LAW 107–204—JULY 30, 2002 116 STAT. 747 (7) ISSUER.—The term ‘‘issuer’’ means an issuer (as defined in...

Words: 554 - Pages: 3

Business Law

...9.4 Dr. Winkel should still receive the profit sharing bonus that was offered by Dr. Vranich because they entered into an oral modification of their written contract. Under Montana law, a written contract can be altered in writing or by an executed oral agreement therefore making their alteration legally binding. Dr. Vranich acted extremely unethical in raising the defense that the contract was not in writing because he was aware of the oral alteration he entered with Dr. Winkel and the only cause for this case was due to a disagreement among the two parties. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues [7] (VitalSource Bookshelf), Retrieved from http://online.vitalsource.com/books/9781256088080/id/ch09lev1sec11 10.7 In this case, Peter Andrus would win because he did not accept the terms of the policy two months prior to the expiration. Although Durick sued Andrus to recover the premiums on the $48,000 policy, these details were never agreed upon and are therefore not legally binding. An agreement is the manifestation by two or more people through a contract that requires an offer and an acceptance. The acceptance in this case existed in the beginning of the contract but not two months prior to its expiration when Durick notified Andrus of the new terms. Therefore, Durick will not recover the premiums of the policy. Cheeseman, Henry (). Business Law: Legal Environment, Online Commerce, Business...

Words: 506 - Pages: 3