under what circumstance might a party elect to pursue litigation in lieu of alternative dispute resolution?
Answer:
Disputes between businesses, employers and workers, and enterprises and customers are frequently resolved through alternative dispute resolution.
A party elect to pursue litigation in lieu of alternative dispute resolution where the cases are related to more of personnel loss in the form of life and property.
Litigation cases can be seen in the case of criminal law and Alternative Dispute Resolution is more prominent in Civil Matters and Family disputes.
Litigation is a legal term for the settlement of the disputes between two parties in legal court.
The dispute can be related to either personnel or professional issues ranging from family matters, businesses and are classified into Criminal and Civil cases.
Example of Criminal cases- Murder, Theft, Robbery, Forgery, Fraud
Example of Civil Cases- Property Dispute, Trespassing, Real estate and Agricultural dispute.
In some cases few crimes can be the part of both civil and criminal cases for example Trespassing
Punishment for these casesIn case of Criminal law- Punishment related to Imprisonment, penalty and maximum Capital punishment
In case of Civil law- Punishment related to pecuniary and in some cases imprisonment as well
Alternate Dispute Resolution
It is a process of resolving disputes between two parties using the third party as a mediator. They are used for disagreeing parties who could not come to an agreement short of litigation.
Advantages of Alternate Dispute Resolution over litigation
-Cost friendly and time saving
-Parties in controlling position
-Risk Management
-Flexibility of Process
-Suitable for multi party system.
Examples of Alternative Dispute Resolution in different countries:
USA- Structured negotiation is a type of collaborative and solution-driven alternative dispute resolution that differs from traditional Alternative Dispute Resolution options as it does not rely on a third-party mediator and not initiated by a legal complaint. The process is implemented for seeking injunctive relief.
UK- In the United Kingdom, ADR is encouraged as a mean of resolving taxpayers' disputes with Revenue and Customs
Alternative Dispute Resolution is now widely used in the UK across many sectors such as Finance, Energy and Legal Sector.
To learn more about litigation here
https://brainly.com/question/9096166
#SPJ3
3 new laws to help the country
Answer:
1. You good sir/ma'am are president forever
2. Human experiments are illegal
(Not sure if they are already but oh well)
3. Netflix is either $10 or free
Explanation:
keeping criminals away from society, describes which purpose of punishment?
Answer:
The awnser is containment.
Explanation:
which type of government provides the best protection of individual rights?
Answer:
A democratic, strong government provides the best protection of individual rights.
I hope this helped at all.
In a medical malpractice case, an individual alleges that he or she has been injured by another’s negligence or malfeasance. Medical malpractice cases such as this one involve which kind of law
Answer:
Tort
Explanation:
Without going into the specifics of the charge, the defendant was found guilty of violating an obscure state law in a county court. Since the law was enacted a century ago, not a single person has been charged with violating it in the state. As a result, this case was essentially new territory for state prosecutors and the presiding county court judge. The case is being appealed. The defense attorney is confident that the verdict will be overturned based on a failure of what they perceive as the judge not abiding by precedent. This claimed precedent refers to a recent highly publicized case in another state that involved a similar law. As a noted legal scholar, the state judiciary has called you in to assess the validity of the appeal. When asked for your preliminary thoughts by a senior state prosecutor, specifically if you believe the judge failed to follow precedent in offering his opinion, how do you respond
In the situation described and following the definition and common use cases of precedent, I would confirm that it is my opinion that the judge in question did in fact fail to follow precedent.
Precedent is described as a past event and/or action which is used as a guide when considering the course of action for a similar situation. Given the keyword "similar" in this definition, it can be argued that in order for precedent to apply to a situation, it is not necessary for the details of each situation to be identical.
Therefore, the defense attorney can argue the failure to follow precedent based solely on the similarly obscure nature of each law. Furthermore, if the defense attorney is able to procure evidence of past infractions of this law for which no charges were upheld, it would almost certainly result in the appeal being granted and the subsequent review of the law in question.
To learn more visit:
https://brainly.com/question/885855?referrer=searchResults
What maneuver is used to turn your vehicle around, which involves backing or pulling forward into a driveway or a lightly traveled side street? *
A) Three point turnabout
B) U turning
C) Two point turnabout
D) Traveling around the block
C- Two point turnabout
This will allow you to see both sides of traffic to ensure that re-entry is as safe as possible. Doing a U-turn can be very unsafe if not done properly, and does not involve backing or pulling forward into a driveway. Three point turn about blocks the entire lane of traffic, and does not involve a driveway. This is used when there is not other option. Finally, traveling around the block does not involve the backing or pulling forward into a driveway.
This means that a Two point turnabout is the best answer.
I hope this helps! :)
How is Routine Activity Theory related to community-oriented policing? That is, explain how
COP is based on Routine Activity Theory.
Answer:
It would have been very natural fifty years ago to leave your house and see the neighborhood cop pass by, and to engage in a lengthy conversation with him. The cops were a mainstay in the community; they taught baseball, knew everyone in the neighborhood, and were concerned about the town's general safety.
PLEASE HELP ME ASAP
Cheng's father has constantly told him to put his bike in the garage when he is not using it. After a long day of soccer practice, Cheng is tired and ready for dinner. He puts his bike next to the garage door but does not put it inside. The next morning, Cheng cannot find his bike anywhere. His father thinks that someone saw it outside and took it. Of what kind of crime is Cheng MOST likely a victim? O A. robbery B. larceny C. shoplifting OD. burglary
Answer:
(B) Robbery
Explanation:
cause he saw it and took it and that's stealing so robbery
As Cheng is a victim of larceny. Thus, the correct answer is option B.
What is a larceny?Larceny is a crime that involves the illegal taking or theft of another person's or business's personal property. It was an offence under English common law, and it became an offence in jurisdictions that incorporated English common law into their own law (also statutory law), where it is still in effect in many cases.
In England, Wales, Ireland, and Northern Ireland, the crime of larceny has been divided into the specific crimes of burglary, robbery, fraud, theft, and related crimes. Larceny, on the other hand, is still a crime in parts of the United States, Jersey, and New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent.
As Cheng was warned by his father to put his bike in the garage when he is not using it. Still he does not put it inside, and the next morning, Cheng cannot find his bike anywhere.
Therefore, Cheng is most likely the victim of larceny, as it is a theft of personal property without the owner's consent.
To learn more about larceny, click here:
https://brainly.com/question/17612570
#SPJ2
the – members of the texas legislature meet in regular session for – each odd-numbered year. in the 2019 legislative session, they successfully passed – of all proposed legislation.
Answer: 181 , 140 calendar days , less than 20 percent
Explanation:
Matters relating to race, gender, age, disabilities, religion, sexual orientation, or nationality are
o characteristics
o socioeconomic issues
diversity issues
O global issues
The answer is C) diversity issues .
Diversity issues go over all of the following:
Race
Ethnicity
Age
National origin
Sexual orientation
Cultural identity
Assigned sex
Gender identity
Physical ability
Mental ability
I hope this helps! :)
J. W. Gamble filed suit against W.J. Estelle because _____. he was also a medical doctor and should have known that Gamble was really sick he had the most money and therefore, if Gamble won his lawsuit, would have to pay more than the other people named in the suit he was cruel he was the Director of the Texas Department of Corrections and most responsible for the level of medical care afforded prisoners
Answer:
J. W. Gamble filed suit against W.J. Estelle because he was the Director of the Texas Department of Corrections and most responsible for the level of medical care afforded prisoners
Explanation:
at what point can the defense move to end the case to end the case and for what cause?
Answer:
The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges.
The ________________ is a law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred.
Answer:
statute of limitations
Explanation:
Choose all that apply.
Select each type of credit.
credit card
installment account
loan
automatic credit
service credit
The types of credit from the given options are credit card, installment account, and loan "Automatic credit" and "service credit" are not types of credit, or at least not commonly recognized as such in the financial context.
The types of credit from the options provided are:
Credit Card: A credit card allows individuals to borrow money from a financial institution up to a certain credit limit.
Users can make purchases using the card and must repay the borrowed amount within a specified billing cycle or incur interest charges.
Installment Account: An installment account involves borrowing a fixed amount of money from a lender and repaying it in regular installments over a set period.
Each payment includes both the principal amount and interest, and the account is considered closed once all payments are made.
Loan: A loan is a financial arrangement where a borrower receives a specific amount of money from a lender and agrees to repay it with interest over a predetermined period.
Loans can be used for various purposes, such as buying a home, financing education, or funding a business.
The following options do not represent types of credit:
Automatic Credit: "Automatic credit" is not a recognized term for a specific type of credit.
It may be referring to automatic payments or automatic bill payments, which are methods of making timely payments for credit card bills or other debts, but not a distinct credit type itself.
Service Credit: "Service credit" is not a recognized term for a type of credit either.
In certain contexts, it might refer to credit given for past service, such as in pension plans, where an individual earns credit toward their pension based on years of service.
For similar questions on the types of credit
https://brainly.com/question/28364364
#SPJ1
PLEASE HELP ME ASAPP
To be found guilty of breaking the law, a prosecutor must prove that the person committed the crime. Once this is proven, the guilty verdict is rendered by the court. OA. True СВ. False
This is true because the prosecutor must have evidence to show to the court that this person, or suspect, was someone who broke this law. Without proof, the court cannot accuse the suspect of a wrong doing. Hope this helped, but who knows, im just a 7th grader, lol
Brainliest! Please help
Answer:
Offender
Explanation:
D is not in our businesses .
C includes victim which denotes to the payer of crime.
B denotes to witness which means knower of crime.
Offender in A means to do crime Option A is correcthow does the requirement for probable cause to detain compare to the requirement for probable cause to go to trial
Answer:
Probable cause to detain requires fewer facts than does the decision to go to trial. The former refers to offenses where imprisonment is authorized but not required, while the latter refers to offenses that don't actually result in imprisonment.
Explanation:
the violation of a society’s formally enacted law is called __________.
Answer:
The violation of a society’s formally enacted law is called a deviance.
I hope this helped at all.
The ______ is supposed to make sure that the rules of the court process are enforced fairly.
will give brainliest 3
Answer:
ok?
Explanation:
Features of the us constitution
Please help me!!!!!
The ______ Supreme Court decision said evidence may not be admitted in a court case if its seizure violated the Fourth Amendment.
Answer:
Mapp v. Ohio
Explanation:
The basis for Western culture typically includes beliefs and principles rooted in
O Scientology
O Judeo-Christian tradition
Taoism
O None of the above
judeo- christian tradition
The answer is B) Judeo-Christian tradition. Although the Government has separation of church and state, Western culture is heavily influenced by Judeo-Christian traditions. We see this in the food, technology, and holidays that are celebrated.
I hope this helps! :)
which amendment prevents cruel and unusual punishment
Answer:
The eighth amendment
Explanation:
PLEASE HELP ME ASAP
Prisha has lived her whole life with a violent parent. She learned to hide when her father gets home because his temper is unpredictable. One afternoon, her father comes in very angry. Prisha is trying to make dinner but her father begins to push her toward the stove and around the kitchen. Prisha is so scared because he seems to be out of his mind. As he lifts his fist toward her, Prisha grabs the knife she has been using to cut vegetables and thrusts it blindly toward him so that he will not hit her. The knife hits her father in the neck, causing his death. When arrested, what crime will Prisha MOST likely be charged with? A. first-degree murder B. second-degree murder C. voluntary manslaughter D. involuntary manslaughter
Answer:
The answer is D.
Explanation:
involuntary manslaughter
The crime Prisha will most likely be charged with is involuntary manslaughter, as she didn't has the intention to kill her father and she was self-defending her. Therefore, option 'D' is the correct option.
What is involuntary manslaughter?An unintended killing caused by criminal carelessness, recklessness, or the committing of a low-level crime like a misdemeanour is referred to as involuntary manslaughter.
Involuntary manslaughter differs from other types of homicide in that it does not need thought, planning, or even intent. Involuntary manslaughter is the least serious type of homicide since these mental characteristics are not necessary.
Involuntary manslaughter demands a greater standard of carelessness than ordinary civil negligence, as well as extremely illogical behavior on the part of the defendant. The precise terminology for this threshold of carelessness differs from state to state, although it is sometimes referred to as "criminal negligence" or "gross negligence."
Therefore, option 'D' (involuntary manslaughter) is the correct option.
Learn more about involuntary manslaughter, here:
https://brainly.com/question/24622663
#SPJ5
A law prohibiting a newspaper from publishing a story exposing military secrets is an example of what kind of law
Answer:
Prior Restraint
Explanation:
Because...
Answer:
A law prohibiting a newspaper from publishing a story exposing military secrets is an example of a prior restraint.
I don't have to explain because the definition of a prior restraint is in the question.I hope this helped at all.
For a prosecutor to pursue a felony charge, the victim must decide to press charges. Is the previous statement true or false
Answer:
the correct answer is false
A(n) _____ is a court order forcing a person to do or not to do an act, such as violating a private restriction.
Answer:
Injunction.
A(n) injunction is a court order forcing a person to do or not to do an act, such as violating a private restriction.
I hope this helped at all.
The answer is injunction. An injunction is an authoritative warning or order. For example an injunction can force a company to stop dumping sewage into the waters system. This is forcing the company to not do the act, as it violates the private restriction.
I hope this helps! :)
which act is violated if an employer refuses to provide health insurance to pregnant females due to the increased cost associated with their pregnancy?
Answer:
Congress enacted the "Pregnancy Discrimination Act (PDA)" in 1978 to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964.
Explanation:
The Maternity Benefit Act of 1961 states that it is illegal for an employer to deny pregnant women health insurance due to the higher expense of their pregnancies.
What does the Maternity Benefit Act of 1961 mean?The Maternity Benefit Act of 1961 sought to: The Act's goals are to firstly give maternity benefits to women who work in specific establishments, and secondly it also set rules for how long they can be employed there before and after giving birth.
All organizations, plantations, including factories, businesses, government agencies, legislative bodies, and stores that are under the control of the national government are subject to the Maternity Benefit Act.
According to studies, having a sufficient maternity leave can reduce infant death rates, promote the mother's health, increase female labor force participation, and boost breastfeeding rates.
To learn more about the Maternity Benefit Act, refer to:
https://brainly.com/question/14806632
#SPJ5