Disputes in the Legal System Essay

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

In order to identify the advantages and disadvantage of the tribunal system and the court system it is necessary to firstly identify what they are, their purpose and then what the advantages and disadvantages of these two systems of dispute resolution are.

Previous studies of the realities faced by the systematically disadvantaged Aboriginal peoples of Canada have emphasized the crippling impact of non- Aboriginal ignorance of these facts, making addressing these conditions of life for Aboriginals impossible (Schaefli 2012, p. 1) and easily maintained through colonialization. As discussed in this course, colonialization and systematic discrimination against Aboriginal peoples has resulted in their overrepresentation in Canadian incarceration institutions (Comack, 2014, pp. 116-142). To expand on this concept, it is my intention to argue that the Canadian Legal system has historically, and continues to, internally and sexually colonized Aboriginal peoples in Canada, suppressing their livelihood, cultures and communities. The political and legislative approaches of Canada’s provincial and federal government are the root of Aboriginal peoples’ historically subordinate political and socio-economic position within Canadian society. In the following essay, I will argue this claim by drawing on the history of containment, displacement, and assimilation of Aboriginal peoples in Eastern dominating Canadian society. I will also discuss and analyze the devastating situations of Aboriginal women, which emerged with the sexual colonialization of Aboriginal peoples sanctioned by the Canadian government and justice system. I will do this by providing historical and statistical evidence from scholarly sources regarding the impacts of

In order for any business to be successful they would need to know how to make the most profit for the goods they are producing and selling.

Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.

“An insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured. That duty, however, runs only from the insurer to the insured, not to third parties.” Id. at page 5.

The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next

"[a]n insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured." Pasipanki v. Morton, 61 Ohio App. 3d 184, 185, 572 N.E.2d 234 (1990) (quoting Bean v. Metro. Prop. & Liab. Ins. Co., 9th Dist. No. 13543, 1988 Ohio App. LEXIS 4275, 1988 WL 114464 at *1 (Oct. 26, 1988)). Gekko did not act in good faith to settle Vic’s claim against Donna, and their failure to do so enables Donna has a cause of action against Gekko.

Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections. Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non-system, and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice

If the dispute is within an organization or, occasionally, between an organization and members of the public, there is often an administrative or executive dispute resolution approach. In this process, a third party who has some distance from the dispute but is not necessarily impartial may make a decision for the parties in dispute. The process can be private, if the context within which the dispute occurs is a private company, division, or work team; or public, if the difference is a public dispute and is conducted by a governmental agency, a mayor, a county commissioner, a planner, or another administrator. An administrative dispute resolution process generally attempts to balance the needs of the entire system and the interests of individuals or concerned groups.

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.