Monday, January 7, 2019
Mandatory Arbitration: Discussion Assignment
hebdomad 1 plowion Assignment 2 authoritys Due 1159pm Friday Part 1 Choose unmatched unwrap of the assigned textbook head to upshot Part 2 Choose unrivalled of the options pic Part 1 Choose integrity part of the assigned textbook question to answer An important concept this hebdomad is jurisdiction. As the text explains, a approach must surrender subject subject jurisdiction to hear a case. slewdid matter jurisdiction is rather true(p) forward the motor lodge must pull in jurisdic tion to hear the particular type of argufy (see my video for further explanation of this concept).Now opine at Question 2 (p. 71) and part either b, c,ord to answer. develop your answer using legal footing and concepts from this weeks course sessions. (b) Paula, who lives in New York City, wants to sue zany Movie Theatres, whose principal place of course is Dallas. She claims that while she was in Texas on holiday, she was injure by their negligent maintenance of a stairway. She claims damages of $30,000. The general trial court of Texas would have sole jurisdiction. There is no federal court diversity jurisdiction because the amount in contravention is slight than $75,000. Top of FormPart 2 choose unrivaled of the options Choice 1 needful arbitrament Read the Mandatory Arbitration element (p. 45) and the supplemental materials providedLink to Letter to sexual congressandArbitration Fairness Act (Proposed), wherefore consider the following supposititious Lets opine you are the CEO and majority shareholder of FacTree, a secondary manufacturer of cardboard trees and flowers. FacTree has virtually 100 workers who do the workaday assembly work for pay ranging from $8 per hour to $15 per hour. They work in two shifts. There are close a dozen supervisors who versee their work. In the ultimo few years there have been quin employment rectitudesuits three concern sexual harassment and two refer discrimination in promotion. All five settled befor e trial. For three of the suits the companys attorney fees were over $50,000 per suit. For hotshot of the claims, the company paid $250,000 in damages to the employee. Consequently, you are considering obligatory arbitrement for all employment disputes. Discuss whether you had ever considered that needful arbitration clauses were include in so many an(prenominal) of your focuss.Do you delay with imposing theses clauses in so many types of contracts and without negotiation or discussion/ visor? Does your opinion differ as the small business owner in the hypothetical above? Explain whether you would or would non impose mandatory arbitration and whether the proposed decree impacts your decision. Minimum 2 paragraphs. Choice 1 Mandatory Arbitration I was non aware of this term prior to this assignment, now that Im learning the content of the term Mandatory Arbitration, Im non surprised at all that they are present in so many contracts.Business owners and corporations have the cognizeledge and accredit how to always keep the fastness hand on consumers. E truly contract or harborment that we come across contains sneaky little comely print. fundamental RIGHTS GENERALLY PROTECT ONLY AGAINST political ACTS. Were all guilty of not taking the time to read the fine print. To the point of this hypothetical scenario, although I take upt agree with the concept of Mandatory Arbitration as a mystical system of justice because it prevents people from exercising their legal right to take a company to court and have their dispute judged on all the available evidence.If I were this CEO, I would use a mandatory arbitration clause as fortress for my business. I think the proposed legislation is a fair proposition under the bill, parties bear on in a dispute would be allowed a choice between arbitration or a court perform when pursuing a complaint. THE CONSTITUION IS A serial OF COMPROMISES ABOUT POWER. Choice 2 beginning Amendment Free Speech On marchi ng 1, 2006, this story appeared in the media Americans apparently know more about The Simpsons than they do about the start-off Amendment. Far more Americans can identify Lisa, Marge, Maggie, Homer, and Bart than the First Amendment freedoms.Only one in four Americans can look up more than one of the five freedoms guaranteed by the First Amendment (freedom of diction, religion, press, assembly, and petition for redress of grievances. ) nevertheless more than half can produce at least two members of the resume family, according to a survey. 1 Considering this and theTexasv. Johnsoncase (p. 110) planetary QuestionWith whom do you agree? Explain. Questions for those who agree that the First Amendment protects glad yearning Isnt it very painful for veterans of foreign wars, close to for good disabled, to see someone burn the reel that they fought for? Did Johnson contribute any valuable ideas when he burned the rowlock? If he contributed nothing, why should a democracy be pressure to suffer his actions? If the majority of a states citizens want to outlaw careen burning, why shouldnt they be allowed to? Questions for those who argue that the First Amendment does not protect flag burning If a state could outlaw flag burning, could it also outlaw burning a copy of the Constitution? A blast of the flag? A cross? A photograph of the President? Even if some people regard the flag as special, why should their opinion be the law of the land? Doesnt the anger created by flag burning indicate that it is effective speech? Should we outlaw effective speech and permit only speech that offends no one? Minimum 2 paragraphs and incorporate 2 different terms/phrases from this weeks constitutional reading (in all CAPS). pic 1 Study More know The Simpsons than First Amendment rights, The USA Today, Mar 1, 2006 http//www. usatoday. com/ news/nation/2006-03-01-freedom-poll_x. htm Simpsons trump, First Amendment, BBC News, Mar 1, 2006 http//news. bbc. co. uk/2/hi/ americas/4761294. stm
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