Business Law Law Research Paper Research Coursework (Research Paper Sample)
1.Today, there are several options for people who want to pursue a legal claim. This includes filing a lawsuit in court, but it also includes alternative forms of dispute resolution (referred to as ADR) such as mediation and arbitration. In both mediation and arbitration, the dispute is resolved outside of court, with the main difference being that mediation requires the parties to voluntarily agree to a resolution, while arbitration requires the parties to abide by the decision of a private arbitrator.
For this discussion, choose one of the disputes listed below and explain whether you think the best way to resolve it is through a lawsuit, mediation, or arbitration.
*A woman is passed over for promotion and instead the job is award to a man with less experience. She believes that this is a case of sex discrimination.
2.This week, we’ll be examining how our legal system protects persons who are injured by the purposeful act of another. These types of injuries are called intentional torts. The legal claims of assault, battery, false imprisonment, invasion of privacy and defamation are examples of intentional torts.
For this discussion, choose one of the scenarios listed below and determine the intentional tort that you think applies. Make sure to explain your answer, including the elements of the claim, why you think those elements are or are not present, and what other information you would need to make this determination.
*At a family reunion at your parents’ home, you see Dave, a second cousin, take a very expensive bottle of wine from the wine cellar, place it in a duffle bag, and hurry out the backdoor. You quickly go to your father and tell him that Dave stole the bottle, and your father calls the police. In reality, your mother told Dave he could pick any bottle of wine from the cellar as a belated birthday present.
It is the right of the person seeking redress to refer the matter to an impartial body that she wishes. However, there are various aspects to consider before referring such a matter to the impartial tribunals. One of the issues that she should consider is the terms of the contract. Hence, if the terms of the contract state that employment matters should be referred to arbitration, mediation or employment courts first, then the same should be abided by first.
Whether the Matter should be resolved through a Lawsuit, Mediation or Arbitration
Arbitration is an upcoming means of settlement of employment disputes. It is, therefore, significant for the lady to refer the matter to arbitration if the terms of the contract stipulate that in case of employment disputes, the same would be referred to an arbitrator. An appeal of the decision of the arbitrator will also fall within the laws of the state regarding arbitration (Eisenberg, T., & Hill, E. (2003).
- Homelessness and substance abuse Law Research PaperDescription: Over the past millenniums, homelessness has been considered as one of the greatest epidemics globally. Correspondingly, substance abuse is viewed as a significant factor affecting the homeless population, contributing to increased mortality risk. In the U.S., substance addiction among...12 pages/≈3300 words| 8 Sources | APA | Law | Research Paper |
- Affirmative Action: Should it Be Permitted or Encouraged by Law?Description: Affirmative action refers to a policy where a person’s race, color, sex, religion, or origin is considered to empower and represent them in society. ...6 pages/≈1650 words| 3 Sources | APA | Law | Research Paper |
- Managed isolation fee legislation.doc Law Research PaperDescription: (Diagram showing managed isolation measure imposed by the NZ government for international air travel) While the MIQ measure that has been imposed on cross-border travelers entering New Zealand could be viewed from a public health...4 pages/≈1100 words| 2 Sources | APA | Law | Research Paper |