...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...
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...[pic] Direct Instruction Lesson Plan – November 10, 2010 |Lesson Planning Information | |Teacher Candidate Name: Brenda Baker-Mitchell |Date: Nov 10, 2010 | |Mentor Teacher Name: | |JIU Professor Name: Dr. Alana James |JIU Course Name and Session: EDU 500 | |Grade: 9-12 | |Content Area (e.g., reading, writing, math, science, social studies, arts, etc.): Social Studies/US History – “The Removal of the Cherokee Indians” | |(DIRECT INSTRUCTION) | |Group Size: 25 | |Pre-Lesson Planning | |ACEI | ...
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...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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...(FINAL REQUIREMENTS: PROFESSIONAL ETHICS CS 170) Submitted to: Mrs. Abegale B Lajo Submitted by: Perez, Kleimar B. Course Year and Section: BSIT-3A An overview of ethics Questions: * Give at least 5 life experiences that helped you define your own personal code of ethics. Explain completely your answer. * Do you think that the importance of ethical behavior in business is increasing or decreasing? Defend your answer. * Write an essay discussing the ethics, risks, and benefits of using cookies and spyware to track customer browsing and online purchasing habits. My Answer: 1. In my whole entire life as a citizen of the Philippines and as a student taking up bachelor of science in information technology, I always do the things what is right and wrong. Even though I do things that is wrong, I always do a good things and a ethical way, here are some of my experience that included an ethical way: - When I always in the bus and there’s no more seat, I stand, when someone stands in their seat, I always check if there’s any women who is standing and struggling to balance herself in a very fast bus and I always do is poking or making a sign in the girl for her to know that there was a available seat for her to seat and not struggling. I always do that in order for me to be a gentleman and doesn’t want girls to struggle to stand. - When do I have a exam and I don’t have a time to review, I do is a quick review, when the exam starts, I struggle and tempted...
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...capacity is in doubt and people who do not have mental capacity. It provides a framework for making decisions on behalf of the individual. It tells us what to do if we are involved in the care, treatment, support of people aged 16 and over who lack mental capacity to make decisions. The Act states that everyone is assumed to make decisions for themselves unless shown otherwise. If it is not clear whether someone has the capacity to make a decision concerning a specific issue and assessment of their capacity should be carried out. The Mental Health Act 1983: The court of protection exists to safeguard the interests of anyone who is incapable by reason of mental disorder of managing and administrating their property and affair. Anyone found on medical evidence to meet these criteria is known as a patient. The courts duties are normally carried out by appointing a receiver for a patient. The Mental Health Act 1983 gives the court power to authorise virtually any transaction on behalf of a patient and to do whatever is necessary or expedient for the maintenance or benefit of a patient, their family and dependants. The Equality Act 2010: The Act covers nine protected characteristics, which cannot be used as a reason to treat...
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...overnight, it was bitterly cold most of the time in Delhi. Our furniture had still not arrived-a day of negotiations about the duty payable lay ahead at the Delhi customs office where the container was broken open and inspected-and we camped on office chairs and fold-up beds, wrapped in blankets. The Indian story was also in a state of suspension, waiting for something to happen. The Gulf War, which we watched at a big hotel on this new thing called satellite television, was under- cutting many of the assumptions on which the Congress Party’s family dynasty, the Nehrus and Gandhis, had built up the Indian state. The Americans were unleashing a new generation of weap- ons on a Third World regime to which New Delhi had been close; its Soviet friends were standing by, even agreeing with the Americans. The Iraqi invasion of Kuwalt had pushed up oil prices and forced the Indian Government to evacuate some three million of its citizens working in the Gulf. The extra half-billion dollars all this cost India was pushing the country close to default on its foreign debt. Officials from the Ministry of Finance were already negotiating a bail-out from the IMF in Washington; the IMF...
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...leave Porbandar, where he was Diwan, and to seek refuge in Junagadh. There he saluted the Nawab with the left hand. Someone, noticing the apparent discourtesy, asked for an explanation, which was given thus: 'The right hand is already pledged to Porbandar.' Ota Gandhi married a second time, having lost his first wife. He had four sons by his first wife and two by his second wife. I do not think that in my childhood I ever felt or knew that these sons of Ota Gandhi were not all of the same mother. The fifth of these six brothers was Karamchand Gandhi, alias Kaba Gandhi, and the sixth was Tulsidas Gandhi. Both these brothers were Prime Ministers in Porbandar, one after the other. Kaba Gandhi was my father. He was a member of the Rajasthanik Court. It is now extinct, but in those days it was a very influential body for settling disputes between the chiefs and their fellow clansmen. He was for some time Prime Minister in Rajkot and then in Vankaner. He was a pensioner of the Rajkot State when he died. Kaba Gandhi married four times in succession, having lost his wife each time by death. He had two daughters by his first and second marriages. His last wife, Putlibai, bore him a daughter and three sons, I...
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...in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively...
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...LegalCrystal - Indian Law Search Engine - www.legalcrystal.com Gujarat Steel Tubes Ltd. and Ors. Vs. Gujarat Steel Tubes Mazdoor Sabha and Ors. LegalCrystal Citation : legalcrystal.com/655678 Court : Supreme Decided On : 1979-11-19 Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146 Judge : A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort...
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...Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions | |Contractual relationships, where one party alleges a tort. | |Economic Loss Doctrine | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) ...
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...overnight, it was bitterly cold most of the time in Delhi. Our furniture had still not arrived-a day of negotiations about the duty payable lay ahead at the Delhi customs office where the container was broken open and inspected-and we camped on office chairs and fold-up beds, wrapped in blankets. The Indian story was also in a state of suspension, waiting for something to happen. The Gulf War, which we watched at a big hotel on this new thing called satellite television, was under- cutting many of the assumptions on which the Congress Party’s family dynasty, the Nehrus and Gandhis, had built up the Indian state. The Americans were unleashing a new generation of weap- ons on a Third World regime to which New Delhi had been close; its Soviet friends were standing by, even agreeing with the Americans. The Iraqi invasion of Kuwalt had pushed up oil prices and forced the Indian Government to evacuate some three million of its citizens working in the Gulf. The extra half-billion dollars all this cost India was pushing the country close to default on its foreign debt. Officials from the Ministry of Finance were already negotiating a bail-out from the IMF in Washington; the IMF...
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...Enabling strategies enact academic integrity policy. Without long-term, sustainable and practical support resources, a policy will not be enacted, no matter how well it is articulated. The cases in this resource cover a range of academic integrity issues in Australian universities with application for a wider audience. These case studies have been developed by the Academic Integrity Standards Project. “…I suspect that every senior manager needs to have some training in the issue of academic integrity principles. I learnt mine on the job, so I think that needs to be worked through so that the policy and the implementation and the people who have that power understand those principles …So I think the case study models really useful. How would you deal with someone who had this story; you know, what would you do, and then work out what you'd do pragmatically versus where the policy fits from there.” (Senior Manager, University B, Academic Integrity Standards Project) Although they may be based on real life stories, they have been adapted and anonymised for the purposes of this project resource; pseudonyms are used in every instance. The case studies are designed to be used as triggers for discussion in group seminars and primarily target teaching staff, although they could be used for discussion with students or other academic integrity stakeholders. Support for this project/activity has been provided by the Australian Government Office for Learning and Teaching...
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...360 BC THEAETETUS by Plato translated by Benjamin Jowett THEAETETUS PERSONS OF THE DIALOGUE: SOCRATES; THEODORUS; THEAETETUS Euclid and Terpsion meet in front of Euclid's house in Megara; they enter the house, and the dialogue is read to them by a servant. Euclid. Have you only just arrived from the country, Terpsion? Terpsion. No, I came some time ago: and I have been in the Agora looking for you, and wondering that I could not find you. Euc. But I was not in the city. Terp. Where then? Euc. As I was going down to the harbour, I met Theaetetus-he was being carried up to Athens from the army at Corinth. Terp. Was he alive or dead? Euc. He was scarcely alive, for he has been badly wounded; but he was suffering even more from the sickness which has broken out in the army. Terp. The dysentery, you mean? Euc. Yes. Terp. Alas! what a loss he will be! Euc. Yes, Terpsion, he is a noble fellow; only to-day I heard some people highly praising his behaviour in this very battle. Terp. No wonder; I should rather be surprised at hearing anything else of him. But why did he go on, instead of stopping at Megara? Euc. He wanted to get home: although I entreated and advised him to remain he would not listen to me; so I set him on his way, and turned back, and then I remembered what Socrates had said of him, and thought how remarkably this...
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...most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault charges, and was then tried in federal court for violating the defendant’s civil rights. Before he was acquitted of those charges, he acknowledged that his behavior was “bizarre and weird,” and that he had reacted poorly in an emotionally charged situation. While this incident is isolated, it shows that judges are sometimes far from the ideals to which the public holds them. We will return...
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...Ethics and the Conduct of Business, 7/e Boatright ©2012 / ISBN: 9780205053131 Chapter begins on next page > PLEASE NOTE: This sample chapter was prepared in advance of book publication. Additional changes may appear in the published book. To request an examination copy or for additional information, please visit us at www.pearsonhighered.com or contact your Pearson representative at www.pearsonhighered.com/replocator. C H A P T E R 1 Ethics in the World of Business Listen to the Chapter Audio on mythinkinglab.com CASE 1.1 Explore the Concept on mythinkinglab.com Merck and the Marketing of Vioxx On September 30, 2004, Merck & Co. announced the withdrawal of Vioxx, its highly profitable pain reliever for arthritis sufferers, from the market.1 This announcement came only seven days after company researchers found in a clinical trial that subjects who used Vioxx more than 18 months had a substantially higher incidence of heart attacks. Merck chairman and CEO Raymond V. Gilmartin described the action as “the responsible thing to do.” He explained, “It’s built into the principles of the company to think in this fashion. That’s why the management team came to such an easy conclusion.”2 In the lawsuits that followed, however, damaging documents emerged casting doubt on Merck’s claim that it had acted responsibly by taking appropriate precautions in the development and marketing of the drug. For decades, Merck’s stellar reputation rested on the company’s...
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