...with an invoice in the amount of $5,000, which Quick Takes refuses to pay because of the inefficiency of the editing system and its belief that a lease agreement was never agreed upon (University of Phoenix, 2012). Both parties have options for resolving this matter. This paper serves to discuss the traditional litigation system and the nontraditional forms of Alternative Dispute Resolution (ADR) to gain a better understanding of the benefits and risks for both Quick Takes Video and Non-Linear Pro. Traditional litigation normally involves a substantial amount of time, unwarranted publicity, and detail-oriented tasks. It often results in a court trial to determine the guilt or innocence of the parties involved. Litigation consists of the filing of a lawsuit and the process of discovery, which can lead to a court trial and determination of guilt or innocence by a jury. The substantial time and documents associated with traditional litigation create financial burdens that often can be avoided. In...
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...1 JAUFFUR A.F. v THE COMMISSIONER OF INCOME TAX 2005 PRV 6 Privy Council Appeal No 6 of 2005 Abdul Raouf Jauffur v Appellant Respondent The Commissioner of Income Tax FROM THE SUPREME COURT OF MAURITIUS ----------------- JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL Delivered the 21st June 2006 ----------------Present at the hearing:- Lord Nicholls of Birkenhead Lord Steyn Lord Hutton Lord Walker of Gestingthorpe Lord Mance ---------------[Delivered by Lord Walker of Gestingthorpe] 1. Many countries have found that the complexity of their social organisation and legislation calls for the establishment of specialised tribunals to serve as the first port of call for citizens who wish to contest official decisions on such matters as taxation, social security, and planning permission. Such specialised tribunals (which are not courts) perform the function of ascertaining and evaluating the facts relevant to a matter within their special expertise. There is almost invariably a right of appeal from a specialised tribunal to a court, but often the appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman) two barristers of at least ten years’ standing appointed by the Public Service Commission and (subsection...
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...role of telling juror that they should be the one to state whether a guilty person should get the death penalty or not. A U.S. District Judge has ordered that a case should go back to a new sentencing hearing and that the jury should make the decision on death or life in prison. You see Florida is one of the few states that allow juries to issue the death penalty, and the vote does not have to be unanimous, the majority vote is the decision on life or death. Trial judges in Florida have the authority to override jury recommendations on death penalty cases. It would appear that they rarely do according to the writer. His article points out that because of the judge overturning the jury verdict that their will be more appeals hitting the court system from others in prison for the death penalty hoping for new sentencing hearings. I completely agree that the jury should be the one to determine life in prison or death row, by reading this article it would appear that the author is not to keen on the judges decision either. If would appear that the Florida law is going to have to be a little more specific about the death penalty. Why should those people who serve on the jury have to explain why they choose the death penalty rather then life in prison, these people are taking the time out of their lives to sit and hear a long trial about something that is so cruel and gruesome, why should they have to explain their decision. I understand that the judge may...
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...participants, how they are selected to become participants and their importance in the court proceedings. There are several different courtroom participants, such as, the judges, the law clerks (division clerks), prosecutors, defense attorneys, witnesses, victims, defendants and bailiffs. There could possibly be additional courtroom participants, like, the media, the courtroom reporters, interpreters and speculators. The judge is a public officer who hears and decides cases in a court of law. The law clerks are the people who help with getting information for the judge, helping with entering verbiage into the system and looking up cases that have similar circumstances as the case that is presented. The prosecutor prosecutes the case. They are driven to put the alleged suspect, criminal or defendant behind bars or obtain a record from committing a crime. Whereas the defense attorneys help the defendants with their cases to get them from going to jail or doing the maximum time for the crime committed. Witnesses are the people that are called to court to describe a crime that they saw with their own eyes. Victims are the people that the crime was committed on. They also can testify against the defendant about what crime they were subjected to. All defendants are innocent until proven guilty, but all defendants are those people that have allegedly committed the crime that they are going to court for. The bailiffs have a couple of duties to handle or perform while in the courtroom...
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...Title • Messa (P) v. Sullivan & Keyman’s club (D, A) Citation: what court or reporters • Court: Appellate Ct of IL, First District, First Division • Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge • Judge Burman Facts: • P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt. • There are signs on the exterior and on a bldg directory in the lobby. • No notices that the 5th fl is used as a residence and not for commercial or business purposes. • Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side). • June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on...
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...magnifying glass on all things government. In this discussion, it will be recommendations for the future of the juvenile system as a whole. The included parts will be on the community, courts, juvenile corrections, law enforcement, privatization, and the justification for the juvenile system. Community and Courts The purpose of the community and court systems is to provide all governments, communities, organizations, and advocates all areas of the Juvenile System along with the requirements for the system. Having this system in place is to improve the justice system for all juveniles who commit crimes with discipline and structure. We have so many people of all cultures and aspects of life which commit crimes on a daily basis. Crimes are being committed for many reasons, it could be to support someone’s family, a person who has a drug problem where someone would do anything to support their habit, lost of job, lack of education, low self-esteem, or either the person may feel worthless. There could be different reasons why a person commits a crime but that does not give anyone a good reason to break the law and hurt someone in the process. Some recommendations which I would see may help throughout the justice system would be everyone who has something to do with the assessment involving the court system should have some type of training. Have all systematically detention centers or confinement facilities monitor always, having more funding to help place more educational programs...
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...an appeal? An appeal is a process which assists defendants from wrongful incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of an additional luxury, (What are Appeal Courts for?, 2004). The following are permissible grounds for appeal. (a) The Commission relied on erroneous...
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...sterilization can use patient harm or death. “Unprofessional conduct” from the hospitals definition needed to be reviewed by HR and clarified to all. In Leach’s case his continuous behavior prompted suspension of duties/licenses and approval by the staff and Board. There are processing in place to proving “unprofessional conduct” that provides several options to hospitals (i.e. documenting behavior, suspension, reassignment of duties or recommend to Board) (Showalter, 2007). No judge would dissent in the Leah’s case. Leah was apparently suffering from alcohol, drug or mental issues that impaired his abilities and altered his behavior. 2. What do you suppose were the “disruptive behaviors” involved in the Moore and Leach cases? Why do the courts not describe them in detail? It is...
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...I. Style of Case and Citation: Waters v Min Ltd 587 N.E.2d 231 (Mass.1992) II. Court Rendering Final Decision: Supreme Judicial Court of Massachusetts III. Identification of Parties and Procedural Details Gail A.Waters Plaintiff, Thomas Beacuchemin., Defendant. IV. Discussion of the Facts: Gail Waters (plaintiff) owned an annuity contract worth $189,000, with a total potential value of $694,000 over 25 years. When Waters was 21, she began dating Thomas Beauchemin (defendant), who had a strong influence over her. He introduced her to drugs and exhausted her credit card accounts. He then suggested that she sell her annuity contract and, as an agent of Min Ltd. (Min) (defendants), initiated negotiations between Waters and Min. Waters contracted to sell her annuity contract to Min for $50,000. In the negotiations, Min was represented by counsel and Waters was not. In recognition of his fostering the sale, Min dropped a $7,000 debt that Beauchemin owed them. Waters brought suit for rescission of the contract on the grounds that it was unconscionable. The trial court found in her favor. Min appealed. V. Statement and Discussion of the Legal Issues in Dispute The defendants contend that the judge erred by (1) finding the contract unconscionable (and by concluding the defendants assumed no risks and therefore finding the contract oppressive); (2) refusing them specific performance; and (3) failing to require the plaintiff to return all the funds received from them. Unconscionability...
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...changes it is important to identify areas of the court system that needs changes. Portions of the court system facing changes are the way courts are managed including their problems and resolutions. Victims’ rights have emerged as a new trend in the courts as victims are given the rights to be included in case proceedings. In the future, the courts face a loss of cases to a potential private sector of courts such as arbitration and mediation. These changes and issues should be understood in order for the courts to match the emerging trends. Court Issues Analysis The courts are an important piece of the criminal justice system. The courts adapt as the rest of the criminal justice system as new processes and trends emerge. This paper will discuss future court management issues in relation to technological innovations and the problems with new technology in the courts. Additionally, victim rights going forward will impact court proceedings. The biggest issue facing courts in the future will be the potential division between the courts and the private law sector. Future Court Management and Issues It is important to know about the technological innovations that impact court staff and judges. One of the most important aspects of a successful public court system is access to justice. Access to justice using technological innovations includes the use of electronic filings. Courts and those who work with the courts can utilize technology in many routine activities...
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...Arbitration is a form of alternative dispute resolution outside the formal structure of law and court procedure, would provide a suitable alternative that was just, accessible, efficient, timely and effective. In choosing arbitration, an arbitrator listens and decides the case like and the parties choose a private dispute resolution procedure instead of going to court. Now, I would like to discuss some advantages and disadvantages of arbitration over litigation. Advantages of arbitration over litigation: Faster Arbitration resolves the conflicts speedy because the proceedings are less formal than a court case. There also cannot be appealed or over-turned unless the arbitrator showed bias, discrimination, or fraud, so the dispute is not prolonged by a long appeal process. Besides that, arbitration goes through the flexibility of scheduling in the court system and arbitrators have more flexible schedules than judges. Therefore, parties have better control the timing of the arbitration proceedings. For parties, they can focus on their business faster when the dispute resolves faster. Costs A court litigation usually involved many complex procedures with heavy legal cost. In some cases, it may be unsuitable for private individuals and small companies. Therefore, the lower cost of arbitration can be an attractive condition to these parties to arbitrate. However, lately, the new arbitration has changed. The expense of paper and face-to-face meetings unnecessarily occupy the...
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...systems to non-traditional forms of ADR (Alternative Dispute Resolution). Traditional litigation is where both parties use the court system to try to resolve their dispute, while ADR is the process of resolving a dispute outside of the court system. In this paper I will look at the pros and cons of using each type of litigation process. I will also look at the risk that business and other organizations encounter when dealing with traditional litigation and where ADR might be a more appropriate measure in order for business mangers to reduce those risks. Traditional Litigation Traditional litigation is handled through the court system. Each party has an attorney who is an advocate and argues their side’s position. All negotiation occurs through those attorneys and most cases end in an agreement. With this kind of litigation, if an agreement is not reached at the end of the negotiation, then the parties can turn to a judge who can make a final decision after a court proceeding or hearing. During this hearing, the parties attorney’s will present evidence and make and argument to the judge. ("Karen Julian Law", 2008). Some advantages of using traditional litigation are you have the advice of your attorney or counsel as to what the state laws are, their assistance in what is the correct action to take, and the ability to get a resolution through the court if the parties are not able to come up with a decision. While some disadvantages of using the traditional litigation system can...
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...Running head: ALUMINA RISK ANALYSIS Alumina Risk Analysis Sabrina Waters University of Phoenix MBA 560 Introduction Alumina, Inc. is a $4 billion dollar industry that focuses on aluminum. Alumina, Inc. has withheld a clean image in the past and works hard to retain this image. An incident occurred five years ago where oil was spilled into Lake Dira in which Kelly Bates claims that her daughter now suffers from leukemia due to the spill into the water. Environmental Protection Agency (EPA) standards were developed in 1970 and were designed to protect human health and the environment. The EPA regulation allows the community to be involved by voluntarily discover, disclose, correct, and prevent violations of federal environments. Therefore, Kelly Bates has taken action to prove that Alumina is responsible for her daughter’s illness. Key facts, regulations, and legal issues The key facts identified in the simulation indicate that Alumina, Inc. has been the blame for Kelly Bates daughter illness. However, the study performed by Alumina, Inc. found that Alumina is not outside of regulations and is not responsible. Kelly assumed the right to acquire information regarding Alumina negligence using the Freedom of the Press law. However, the Freedom of the Press is not allowed to print anything that he or she wants without liability, which can cause civil or criminal damages upon the press. Alumina also has the right...
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...mistakes that have been committed by the judges. In this report, will we go through and determine which judges in the county are making too many mistakes. 1. The probability of a case in Hamilton County being appealed and reversed in Common Pleas Court .04462 Domestic Relations Court .00403292 Municipal Court .005556867 2. The probability of a case being appealed for each judge Common Pleas Court Judge Probability of case appealed * Fred Cartolano .04511 * Thomas Crush .03529 * Patrick Dinkelacker .03497 * Timothy Hogan .03071 * Robert Kraft .04047 * William Mathews .04019 * William Morrissey .03991 * Norbert Nadel .04427 * Arthur Ney Jr. .03883 * Richard Niehaus .04085 * Thomas Nurre .04033 * John O'Connor .04344 * Robert Ruehlman .04524 * J. Howard Sundermann .06283 * Ann Marie Tracey .04043 * Ralph Winkler .02848 Domestic Relations Court Judge Probability of case appealed Penelope Cunningham .002565 Patrick Dinkelacker .003166 Deborah Gaines .005455 Ronald Panioto .002467 Municipal Court Judge Probability of case appealed Mike Allen .006993 Nadine Allen .004352 Timothy Black .005155 David Davis .005558 Leslie Isaiah Gaines .006626 Karla Grady .001142 Deidra Hair .001975 Dennis...
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...The Union government had appointed a high level committee comprising revenue secretary; deputy governor, RBI; Directors, IB, CBI, (financial intelligence unit) and ED; chairman, CBDT and DGs, Narcotics Control Bureau and Revenue Intelligence. The Supreme Court added three more members to it-two former judges and Director, RAW-and rechristened it as SIT. Even now the investigation will be done by the police, but what is unprecedented is that the SIT will report to a former judge. Under the Cr. Pc., the court cannot take over investigation though it can appoint any one to investigate impartially to its satisfaction. In another case, Nandini Sundar- vs- Chhattisgarh, the apex court declared the appointment of special police officers (SPO) under the policy of arming of a civilian vigilante group, the Salwa Judum. In both these cases, the court has lambasted the neo-liberal economic policy of the government and held it responsible for the growth of black money and invidious inequality which has led to the menace of Naxalism. Both judgments are replete with condemnation of the state’s “amoral” economic policies in florid language. The question is: Are judges competent to do it? Chief Justice of India S. H. Kapadia, while delivering the Motilal Setalvad Memorial Lecture, diagnosed the disease properly and cautioned his colleagues against breaching the doctrine of separation of powers: “We do not have the competence to make policy choices and run the administration…Under the doctrine...
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