discussion question 3

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 Review Exhibit 2.1: Typical State Court System.    

Assume
that the higher on this chart the case is the more expensive it is for all parties.
                         

 

Write a memo on business dispute. Describes if you were writing for your boss who wants to know how a case like the one you have chosen would be processed throughout the various legal phases in a state court system.

 

 Discuss the state court litigation process for a business dispute.  For this assignment, assume that the dispute involves a breach of contract claim or a claim for negligence because somebody got hurt on the property.   Assume also that the amount of money being claimed is $50,0000 and that both parties are from the same state.

 

 Use the link below to find information about the courts in your state.  If you are not living in the United States, then pick a state. ( INDIANA IS MY STATE)

 

 What court would the case have to be filed in (where does it start)?  After a verdict, to which court could a party file an appeal?

 

 http://www.ncsc.org/Information-and-Resources/Browse-by-State.aspx

 

 Be sure to discuss how a law suit is commenced, what the steps are before a trial starts, and how far it can be appealed after a verdict.  For all state court cases, you can assume that there is no federal court that would or could get involved so do not mention anything about federal courts.

 

 When you discuss ADR, explain the difference between negotiation, mediation, and arbitration.  Discuss only those three and discuss all three.

 


Which of these ADR methods do you think would be the most appropriate? Why?

Required
elements:

 

  • Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (Consider for example, why one of the parties in the case you're looking at may have preferred keeping the case out of court).
  • No more than 700 words.
  • Format is consistent with APA guidelines.

 

Click the Assignment Files tab to submit your assignment.

 

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