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    Week 3 Reflection Initial Post

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    Raeesa Potnis
    This document summarizes the key points from two responses in a business law course. The first response discusses litigation versus alternative dispute resolution, noting pros and cons of each approach such as costs, speed, privacy, and ability to impose a decision. The second response analyzes a hypothetical legal case involving a defective lawn mower, explaining that the plaintiff could file in federal court based on diversity of citizenship between the parties.

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    Week 3 Reflection Initial Post

    Uploaded by

    Raeesa Potnis
    30 views4 pages
    This document summarizes the key points from two responses in a business law course. The first response discusses litigation versus alternative dispute resolution, noting pros and cons of each approach such as costs, speed, privacy, and ability to impose a decision. The second response analyzes a hypothetical legal case involving a defective lawn mower, explaining that the plaintiff could file in federal court based on diversity of citizenship between the parties.

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    UC legal ethical social envmt class

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    This document summarizes the key points from two responses in a business law course. The first response discusses litigation versus alternative dispute resolution, noting pros and cons of each approach such as costs, speed, privacy, and ability to impose a decision. The second response analyzes a hypothetical legal case involving a defective lawn mower, explaining that the plaintiff could file in federal court based on diversity of citizenship between the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views4 pages

    Week 3 Reflection Initial Post

    Uploaded by

    Raeesa Potnis
    This document summarizes the key points from two responses in a business law course. The first response discusses litigation versus alternative dispute resolution, noting pros and cons of each approach such as costs, speed, privacy, and ability to impose a decision. The second response analyzes a hypothetical legal case involving a defective lawn mower, explaining that the plaintiff could file in federal court based on diversity of citizenship between the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Week 3

    BADM 537- Legal, Ethical, and Social Environment.


    Reflection- Initial Post

    Raeesa Potnis
    University of the Cumberlands
    1/18/2021
    This week’s reading was an introduction to the operations of the judicial system

    including the types of courts, their jurisdictions and authorities. The United States is a federal

    system and as with other branches of government, each of the states has their own complete

    judicial system (state courts) as does the United States itself (federal courts). Each judicial

    system has a number of courts of original jurisdiction, in which cases are originally filed and

    tried. The jurisdiction of these trial courts can be both geographically and subject matter based.

    Each system also has a smaller number of intermediate appellate courts. These courts hear

    appeals from the trial courts. An appeal is a claim by the losing party that the lower court has

    made a mistake of law. Usually, a losing party is entitled to one appeal as a matter of right.

    Each court system also has a supreme court, which hears appeals from the appellate courts.

    Appeals to the Supreme Court are usually discretionary, that is the court may choose whether or

    not to hear the appeal. The second chapter focused on the management of legal disputes and the

    types of alternative dispute resolution [ CITATION Jen18 \l 1033 ].

    Response 1: Litigation refers to the process of preparing and presenting a case in court

    whereas alternative dispute resolution includes mediation and arbitration, processes which can

    take place either independently of the court system or during the course of the in-court litigation

    process. There are a number of reasons one can choose ADR over litigation. While it depends on

    the case being disputed, there are a number of general pros and cons to choosing litigation over

    ADR. For example, when a party opts for a formal and public litigation process, the issue at hand

    can be resolved by a third party and the resulting decision can be imposed. In ADR, a third party

    may be involved to mediate but cannot impose the decision after hearing the case. Generally the

    speed and cost of ADR are also taken into consideration while choosing it over litigation.

    However, “ADR as currently practiced too often mutates into a private judicial system that looks
    and costs like the litigation it’s supposed to prevent”[ CITATION Car94 \l 1033 ]. If ADR involves

    an extensive amount of motions, briefs, discovery, costs and time, it takes away the benefit of

    opting for it over litigation where the same amount of effort and money can lead to an imposable

    verdict. In contrast, ADR offers protection of privacy. Litigations entail a public hearing and

    divulging of information that both parties might want to keep private which can be a major

    drawback. Arbitrations are private with only designated parties in attendance and the

    proceedings are strictly confidential. Another advantage offered by ADR is selection of an

    arbitrator and coming up with creative remedies to resolve disputes. The finality of ADR with

    limited access to appeals may also be an advantage of opting for it over litigation. Thus, based on

    the case and context, ADR and litigation have a number of advantages and disadvantages

    [ CITATION Jen18 \l 1033 ].

    Response 2: In this case, Peter Plaintiff may bring a lawsuit against Lousy Lawn Mowers,

    Inc. in a federal court due to diversity jurisdiction existing. Federal courts have jurisdiction in

    Diversity of Citizenship cases regardless of subject matter. Diversity of Citizenship exists when

    the plaintiff and defendant are citizens of different states [ CITATION Jen18 \l 1033 ]. In this

    scenario, Peter Plaintiff is a citizen of Kentucky whereas Lousy Lawn Mowers, Inc. is

    incorporated in Delaware and does business out of Tennessee. Thus, the defendant and plaintiff

    are from different states and hence diversity of citizenship exists. The federal court will hence

    have jurisdiction over this case and the plaintiff may bring a lawsuit in a federal court.
    References
    Carver, T., & Vondra, A. (1994, May 1). Alternative Dispute Resolution: Why It Doesn’t Work and Why It
    Does. Retrieved from Harvard Business Review: https://hbr.org/1994/05/alternative-dispute-
    resolution-why-it-doesnt-work-and-why-it-does

    Jennings, M. M. (2018). Business: Its Legal, Ethical, and Global Environment. Boston, MA: Cengage.

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