Litigation And Alternative Dispute Resolution Case Study

While Anne was visiting her mother, Bernice, for a couple of days, she noticed that Clint was loitering in the neighborhood. Clint’s conduct looked suspicious, and Anne and Bernice learnt that Clint had been released on bail after being charged for serious crimes. Fearing for their safety, Anne and Bernice requested the police and the local prosecutor to have Clint kept in custody. Neither the police not the prosecutor complied with these requests. Shortly thereafter Clint seriously assaulted Anne. Anne now wishes to hold the police and the prosecutor delictually liable. Was the Conduct of the police and the prosecutor wrongful? Discuss in detail and refer to the applicable case law in your answer.

1886 marked the invention of a caramel-colored soft drink created by John Pemberton. Coca-Cola got its name after two main ingredients, coca leaves and kola nuts. The Coca-Cola Company is suing Koke Company of America from using the word Koke on their products. They believe Koke Company of America is violating trademark infringement and is unfairly making and selling a beverage for which a trademark Coke has used. The Koke Company claims that the Coca-Cola Company contained cocaine (from coca leaves) in its product, which it no longer did. The trial court ruled in favor of the plaintiff, Coca-Cola Co, but the Circuit Court of Appeals reversed the ruling. Coca-Cola

Let us break down what justice is; justice is behaviour that is just or fair. So the justice system is the system that enforces the law which involves apprehending the accused, prosecuting the accused, defending the accused, sentencing and punishing the guilty. The justice system makes sure that every citizen is heard for and is helped according to what has happened to them.

A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just. While others may disagree. In legal history there are many cases where an unjust verdict is apparent. One case that has been infamously known to have an incorrect verdict is the case of The people V.S Oj Simpson. This criminal trial is one of the

The court system is made up of many operational parts that all work together to achieve an overall goal. For my courtroom observation I have chosen the State of Florida v Casey Marie Anthony trial. This trail took place on the 23rd floor of the Orange county courtroom in Florida which seats about 50 people. Casey Marie Anthony (the defendant) is on trial for the death of her two-year-old daughter Caylee Marie Anthony. She is being tried for first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to police. Around two months after being indicted on those charge’s police found Caylee Anthony body in a wooded area near her mother’s home.

The court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).

It is in the interest of both parties to reduce the number of felons. Additionally, both the citizens and the government want to have a larger voting public. Mediation allows both parties to pursue these goals with policy reform that they see as effective, and then reach a compromise to benefit everybody in the state, regardless of their criminal status. In any mediation, there need to be parties that are brought to the negotiating table. In this instance the parties would be a bipartisan committee of Florida legislators and a group of 20 felons represented by the ACLU. It is important to keep the groups small for mediation because smaller groups are more likely to be successful in mediation talks (Klerman and Klerman 692). While reducing the number of people at the table inevitably reduces the amount of voices that can be represented, the committees will still be large enough as to not marginalize significant voices. Each mediation must also have somebody controlling the discussion. In this instance, legislators in Florida will pass a bill allocating $200,000 to pay for professional mediators from the United States Department of Justice directing the discussion. A professional mediator can analyze the strengths and weaknesses of each case before setting expectations for the results (Klerman and Klerman 691). It is important that

School districts should develop local problem resolution procedures. Parents should be encouraged to present concerns with a district representative. The Department should maintain a system that provides accessibility for investigations of complaints. Anyone should be able to make a complaint to the Department.

In America, the judiciary has a legal system that helps solve any personal, economic, social, and political problems or cases. These cases are withheld in a court and presented to a judge and either a grand, petite, or hung jury to finalize their jurisdiction on the problem. In this essay, I will explain the structure of the Texas court system and their type of cases.

Lawsuit funding is a risk-free cash advance to plaintiffs to help them get the medical treatment and surgery procedures they need now while they seek the legal settlement they deserve. Lawsuit funding provides immediate cash for medical and surgery bills as well as your regular monthly expenses, such as mortgage, car payments, grocery bills and other expenditures.

Mr. Thelaw’s conduct would likely be considered extreme and outrageous when he manipulated Ms. Smartpants emotions in front of the class. Courts have reasoned that a defendant cannot deliberately attempt to manipulate the emotions of a plaintiff, for a perceived advantage over a plaintiff who is susceptible to emotional distress. KOVR-TV, Inc., 37 Cal. Rptr. 2d at 435; McDaniel, 281 Cal. Rptr. 246. In KOVR-TV, a news anchor informed children under the age of 12 about their neighbor killing their three children, who were friends of the plaintiffs, to elicit emotions for “newsworthy” broadcast journalism. KOVR-TV, Inc., 37 Cal. Rptr. 2d at 432-33. The court in this case found that behavior to be extreme, as the defendant should have known that

At the end of the mediation, my disputants were able to reach a collective solution where both parties’ interests were considered. Due to the positive result, I demonstrated many effective

The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

Mediation is a voluntary type of conflict management. This defines the challengers in an intractable issue, select whether to start or prolong mediation or not, and they keep their command over the result of their issue, with their autonomy to accept or refuse any elements of the procedure or the final contract,

Mediation is a different yet effective way to resolve problems where the parties bring about their own solution to their problem contrary to going in front of a judge or an arbitrator whom will have full control and decide on behalf of you. Mediation helps the parties involved reach a final solution through a mutual and voluntary agreement, this is exactly what makes mediation a process that should be looked into if the situation permits it.