Traditional and Nontraditional Litigation Susan Maynard LAW/531 May 5‚ 2013 Bob Houle Traditional and Nontraditional Litigation The traditional litigation system and the nontraditional forms of the alternative dispute resolutions (ADR) have several similarities as well as differences. There are numerous legal processes available to companies to resolve disputes other than using the traditional litigation system such as arbitration
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encountered by both litigation process and “ADR” Alternative Dispute Resolution‚ it still manages to be successful to an extent to counteract any mishap and disputes. In fact‚ it is an indication of success of ADR which has penetrated the civil litigation system of the UK. Therefore‚ the core target is to resolve argument agreeably and thoughtfully consider the bargaining process while negotiating. “ADR” Alternative Dispute Resolution resolves the issues largely by allowing litigation to become less adversarial
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adversarial model of litigation is the system of justice that we use in the United States. The adversary model relies on each advocate to represent their cause or party and ultimately a jury to come to a finding. Justice has been served when one advocate is able to convince the judge or jury that they are in the right. Our legal system was created in order to find the truth in injustices and restore justice. Over the years many people have found faults in our adversarial model of litigation as they believe
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A dispensing mechanism ousted the formal legal system: Public Interest litigation Public interest litigation is a concept of recent origin evolved by the supreme court on the plinth of equal justice by giving liberal interpretation to the long standing rigid concept of locus standi. The supreme court advocated for social justice for the poor by the way of public interest litigation and court devised the new tool for mitigating the suffering of poor people. Article 39A of the constitution mandates
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Attitude‚ Legislation‚ and Litigation Maliha-Sameen Saeed Grand Canyon University: SPE-226 February 23‚ 2014 Attitude‚ Legislation‚ and Litigation In the past the Special Education has overcome some challenges and length. The laws and rules made it potential for all special needs to have an education and to be treated fairly like everyone else. The special needs are human beings just like any other person and they need to have the same opportunities and equality in today’s society. Attitude Over
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(a) what is public interest litigation Public interest litigation involves the institution of actions by private citizens in courts to seek redress against public wrongs committed by government or public bodies. It is an adjudication of disputes between private individuals and the state initiated to promote the public good in terms of serving a collective societal interest. In George John v Goh Eng Wah Bros Filem Sdn Bhd & 2 Ors‚ Lim Beng Choon J traced the origin of public interest litigation and
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1 Public Interest Litigation is a good thing when it is used to enforce the rights of the disadvantaged. But it has now been diluted to interfere with the power of the government to take decisions on a range of policy matters Judicial activism is not an easy concept to define. It means different things to different persons. Critics denounce judicial decisions as activist when they do not agree with them. Activism‚ like beauty‚ is often in the eye of the beholder. In India‚ the opening up of access
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Litigation VS ADR Law/531 November 12‚ 2012 Litigation VS ADR The desired end result of both traditional litigation and nontraditional forms of alternative dispute resolution (ADR) is a resolution to an existing issue or problem. These two methods‚ however‚ are used in different ways. Traditional litigation usually involves a judge and or jury that come to a conclusion and offer a decision. The alternative attempts to reach a decision without involving a judge and or jury. Traditional litigation
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constitutional law and could override the state law if a conflict exists in the two laws. Federal law affects all states where state law is confined to each state only. Next is the States constitution as it deals with each particular state‚ although if there is a conflict with federal statutes‚ federal will override state. Last is the state legislation that are laws written by each independent state. 4.In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority
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The Civil Litigation Process The focus of this paper will be to show how an employee would take a discrimination complaint against his or her employer. The process will be explored from where one would begin with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civil litigation process from the state level up to the United States Supreme Court. In the examination of this scenario‚ it becomes necessary to define two key terms: discrimination and civil litigation. Discrimination
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