Pete’s injury is considered a non-criminal matter. I have recently been assigned his lawyer and we are trying to use the alternative dispute resolution (ADR) method or civil litigation route to resolve the legal matters. After reviewing his case, he has sustained injuries from driving his four-wheeled all-terrain vehicle (ATV) when it rolled over on a trail behind his home. Due to his injuries, he has been out of work and has medical expenses. He is suing the manufacturer for the ATV being defective. As his lawyer, I would start by getting more information about Pete’s goal to determine if civil litigation or ADR would be most beneficial for him. I would explain to him that civil litigation consists of having an informal negotiation to resolve the dispute. The first step would be to file a complaint about the manufacturer. The manufacture will then be delivered the complaint. The defendant will have to answer the complaint. Then Pete or the manufacturer can file a motion to conclude if they wish. Once the pleading and motion has been filed, both Pete and the manufacturing company will get all the information together to present the case. The jury selection will randomly be picked by the clerk before the trial starts. Witness will be examined once …show more content…
The plaintiff by the name of Jacklyn McMahon went to trial in 2010. She had sustained major injuries causing her bones and part of her foot to have the skin and muscle be removed from the bone. In 2003, Yamaha brought the Rhino ATV into the market, which almost immediately had a tremendous amount of rollover incidents had occurred. Three years later, owners were informed that rollovers can occur and instructions were provided if the person was driving and felt any tipping. McMahon was awarded $1,398, 341.00 in compensatory and another $2 million in punitive damages. Based on McMahon’s case, Pete would have a good chance of winning the case. (Jackson,
Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.
10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.
40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.
Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This
The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions.
In this task, Customer of Legislation, I will discuss the five main acts of parliament that the legislations are made for the business. The legislation is a law, which there are five for businesses, which everyone must follow the law, however, the ideas of Laws in a business are made by the government to make sure customers of a business are protected from a business by the five Acts of Parliament. These Laws of parliament will make sure the Business follows the rules for customer’s protection purposes. However, if they don’t follow the rules, the customers could be harmed; the businesses must be honest to customers; the business must not take advantage of customers.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Issue: No straight forward SOP in place with set ups for the client, URS or Minol to follow. Work arounds not working. Incorrect vendor codes and past due bills coming to Minol that have to be rushed to set up causing trickle down errors. For example, incorrectly coded AP files, extra research, delays in bill payment, late fees, potential shut offs to be averted and emergency payments by URS. Late funding is also an issue that trickles down and causes many problems such as late fees, research, the need to request provider extensions, and the potential for double payments as other players seek to resolve.
Hello Mr. Poulson, I hope all is well and thank you for the opportunity you have given me to offer a recommendation on how to solve the crisis INDE is currently facing. As you know the technological crisis that arose from corrupted Augmented Reality software we produce for our Augmented reality products has affected our servers very severely. As a result, this is the first technological crisis the company has ever faced. The misuse of confidential information gave hackers the all access to infuriate our servers which lead to the start of the crisis. However, technological crisis occurs frequently in the industry.
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.
The ______ approach to business and society introduced in the text is a descriptive framework that integrates legal and societal considerations with mainstream theories of competitive advantage and social
When conducting business whether it is local and global, big or small organizations have to abide by state and federal laws. Depending on the nature of the business different organization has to comply with certain laws and regulations. For example, retailers like Wal-Mart, Target and Kroger have to comply with the Department of Labor and a manufacturing company like LM Fiberglass and Toyota would have to comply with the Environmental Protection Agency and Occupational Safety and Health Administration (OSHA). When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major
A potential advantage of ADR is that because parties voluntarily involve themselves in the process, and in most cases agree to the outcome there is rarely a difficulty with enforcement. Enforcement is a much greater potential problem of litigation where a party who has lost in court may be unwilling to meet judgement. At the same time, individuals have pointed to the advantages of the type of settlement which could be achieved by ADR over the costly and divisive nature of litigation.
As the plaintiff he argues that Zoom Car Company should be responsible for his medical bills