Buisness Law

In: Business and Management

Submitted By Hola0131
Words 1262
Pages 6
Your client wants to file suit, but is unfamiliar with litigation, and may be a tad naïve about the process. Describe, in general, the life of a lawsuit from beginning to end (what pleadings get filed, what is trial like, in general, etc.). Also, please describe the structure of the federal and state judicial branches (what courts are out there). Go on a brief tangent about alternative dispute resolution, and explain the process of mediation and how it differs from arbitration.

Although there are different types of cases and each type has a different complexity level, most American courts follow a general procedure. . The person or group that initiates the lawsuit is called a plaintiff and the one being sued is the defendant. Except in criminal cases where the state files the complaint on behalf of the public. In this case the state is referred to as the prosecution but the accused is still referred to as the defendant. In equity cases the accuser is called the petitioner and the accused is the respondent. For the purpose of this explanation we will refer to the person or group that initiates the lawsuit as the plaintiff and the person or group that is being sued as the defendant.

Once the plaintiff chooses to file suit, there are papers required in order to bring the situation before a court. These papers are called pleadings. The first of these papers will be the complaint itself. These papers are also referred to as a declaration, petition or bill of complaint. It must be filed with the court that has the proper jurisdiction and venue over the case It provides the court with the facts of the situation. It must show not only that there is a legal right but also that there is a legal wrong. It states how the court has both jurisdiction and venue to the suit and it suggests how the plaintiff wishes to remedy the situation.

Once the complaint has been…...

Similar Documents

Buisness Plan

...skills and they will assisted by a number of staffs with relevant skills. 2 Legal Structure The German Government has established a number of legal frameworks for its business organization including private and public holdings. In case of Express Bottle Maker, it has to meet the legal framework for GmbH imposed by German Government. Basically, the privately held companies in Germany i.e. GmbH has to company with the legal framework for the cash pooling system. Like publicly held companies, the German Government has also imposed certain restrictions on capital maintenance rule and Express Bottle Maker will comply with these laws with the help of lawyers and auditors (Vetter and Schwandtner, p.1156-1160). Besides, Express Bottle Maker will also develop its own business policies for shareholding and ownership without in accordance with German law. Apart from two major shareholders i.e. Evita Hodos and Raden Hodos, two more shareholders will be included for availability of necessary capital. However, these two shareholders will hold not more than 15% of stake each, and Evita Hodos and Raden Hodos will hold more than 55% of stake. The decisions will be made by the shareholders. In case of any conflict, the two external shareholders have to go by the decisions taken by Evita Hodos and Raden Hodos. Moreover, there will be other business policies like remuneration for executives and other employees, credit policies etc. 3 Intellectual Property Express Bottle Maker has......

Words: 7553 - Pages: 31

Buisness

... Harassment in the Work Place Celina Delgado English 306 Park University ABSTRACT Sexual Harassment in the workplace can be very critical for an employer. Not only can it ruin the company’s reputation but also it can be left in debt due to lawsuits for cases left unattended. The employer must open their eyes that sexual harassment in fact can happen in any workplace and we should take steps to prevent this from happening. “Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating hostile or offensive working environment” (Wikipedia 20012). Although I personally feel you see it more in men then in women. Certain laws have been placed so that employees could keep the company in a positive and comfortable environment. In order to keep the workplace comfortable everyone must know exactly what sexual harassment is and threatening it could be not only for the individual but also for the employer. TABLE OF CONTENT Title page 1 Abstract 2 Table of Content 3 What is harassment in the workplace 5 Types of harassment 6 Ramifications of Harassment 7 Surveys 9 Conclusion and Solution 10 References 11 Executive Summary The Purpose for my report is to make you aware of what exactly sexual harassment is and how it can hurt......

Words: 1259 - Pages: 6

Buisness

...plans have a time frame of months. Tactical planning translated the broad strategic goals and plans into specific plans that are relevant. Organizational planning identifies the specific tasks of an organization that lower level management needs to. We also learned in week 2 that management planning is affected by legal issues, ethics, and corporate social responsibility. When it comes to legal issues they are fueled by both internal and external factors of any company. Some of the external factors that the company must obey are certain set of preset laws that are set in place by local, state, and federal agencies. Companies must also be able to adjust the way they conduct business according to the laws set. These laws include environmental and the treatment of their employees. If for any reason any companies do not obey the laws, then they can eventually be fined or even put out of business depending on what certain laws broken. Companies must also act ethically in any decision they make. When it comes down to it ethics plays a huge part in the way companies conduct business. In conclusion, the team learned that an efficient business plan is necessary for the effective operation and management of the company. Business planning explains the goals of the company. The planning determines how the goals will be achieved and demonstrates why they will be successful. We were also able understand the certain issues that are faced in planning in management and the......

Words: 626 - Pages: 3

Buisness

...buisness assignment By: Abbas Jomaa Due: 29/03/2013 Teacher: MR El Masri Subject: Business studies Business studies assignment Page 1 ………. Business title page of the report Page 2 ............ Table of content Page3........... Executive summary Page 4................ Why goods and services are central to both marketing and operations Page 5.................... Examine why ethical behaviour and government regulation are important in marketing including one example of ethical behaviour and one example of a NSW or Australian government requirement Page 7............... Assess why a mix of marketing and promotional strategies are important in the marketing of goods and services Page 9............. Identify the elements of a SWOT analysis. Explain how a situational analysis assists in a business planning Page 11...... Bibliography Executive summary Operations is the business process that involves transformation or, more generally production. It is a term that applies both to the manufacturing and service sector. It involves the turning of raw materials and resources into the outputs of finished goods or products. Marketing is a total system of interacting activities designed to plan, price, promote and distribute products to present and potential customers. As consumers are constantly exposed to all aspects of marketing consumers might be mislead or manipulated into buying a product that does not meet the requirements it is......

Words: 1851 - Pages: 8

Buisness Law

...Business Law 1 Week 4 Seminar Questions Natasha Dunn, Forensic Investigation Q1) This issue is governed under the Law of Contract, under the formation of contract and the revocation of a contract specifically under contractual capacity. Contractual capacity states that young persons aged sixteen and seventeen have full legal capacity. This protects young persons against ‘prejudicial transactions’ until they turn 18 and any contracts like this can be put aside by the court. However, there are exceptions to the rule: if under 18 and running your own business; if ratified before turning 18; if age is misrepresented when entering contract. In this case, Jean is seventeen, running her own business and wants to get out of a legally bounding contract for an object in which has already been ordered. However, Jean cannot get out of the contract just because she is under eighteen years of age because she is running her own business and therefore she is not subject to the protection anymore. Therefore, this puts her in the same legal position that any other adult would be in, in her situation. She could attempt to revoke the offer by emailing or writing to the seller but she is still legally bound by the contract made. Q2) This issue is governed under the Law of Contract, under the formation of contract and specifically contractual capacity. Contractual capacity states that generally children under sixteen years of age have no capacity and the contract is void. However, the...

Words: 629 - Pages: 3

Buisness

...Business is the profitable activity in which the owner provides products or service to the customers in order to get profit. The main aim of the business is to make profit. The wrong decision on selecting the ownership affects the over all performance of the business. The business run by the one in order to take risk and profit is called the sole-proprietorship. The second form of the ownership is partnership which include more than two business partner in the firm. Corporation is the third form of the business ownership which is entity where the shares are sold, governed by the law and working as a unit. Sole proprietorship is the form of the business ownership in which the whole business activity is run by the single person. The legal requirements for this ownership are minimal and it’s easy to organize. It is run by the single person and he/she has the full control over the activities. The earnings in a proprietorship are considered to be personal income. The profit goes to the owner himself as he is taking the risk. The sole proprietorship bears all the losses and also bears unlimited liability. As he runs the business himself he has limited funds and limited skills. The business in which there is multiple owners where the profit and the losses are shared by each of the owners is called the partnership form of the ownership. In this form as there is involvement of multiple owners they get additional funds. The business gets more specialization as the ideas and the...

Words: 342 - Pages: 2

Buisness

...back from approx. 118 to 80 as the price of new cars rose from 95 to 105. 2005, there were fluctuations in the price of used cars, but not in the price of new cars, eg in 2001 the price for used cars fluctuated between a high of approx 118 and a low of approx. 113, whereas the price index for new cars was Stable approx 95.also in modern times everybody want s the new big thing. If someone gets a used car people won’t as impressed but if you get a new car everybody will respect that and it will continue to rise. Also in 1998 it was gradually I believe that, that was the turning point. Before then people generally didn’t have as much money as people do now. If people have the money to buy a new car why wouldn’t they. 3. As vehicle safety laws become ever more stringent, automakers are forced to change the way vehicles are built and the safety systems with which they are equipped. Some form of tire pressure monitoring is now mandatory on all vehicles sold in the U.S., and by 2012, stability control will be, too. Other technologies that are not mandated, like blind-spot monitoring systems, side curtain airbags, adaptive cruise control, and brake assist are becoming more prevalent on less expensive vehicles as their associated costs come down. Some new cars, mainly those from luxury marques, include free scheduled maintenance for a certain amount of time or mileage. This built-in cost saving should be considered in the final price analysis if applicable. new car’s warranty......

Words: 405 - Pages: 2

Buisness

...Economics c. Incremental costs d. Sunk costs 7. Condition when the firm has no tendency either to increase or to contract its output: a. Monopoly b. Profit c. Equilibrium d. Market 8. Total market value of all finished goods & services produced in a year by a country’s residents is known as: a. National income b. Gross national product c. Gross domestic product d. Real GDP 9. The sum of net value of goods & services produced at market prices: a. Government expenditure b. Product approach c. Income approach d. Expenditure approach 10. The market value of all the final goods & services made within the borders of a nation in an year. a. Globalization b. Subsidies c. GDP d. GNP Part Two: 1. Discuss the concept of Demand Schedule. 2. Explain the law of ‘Diminishing marginal returns’. 3. List the various forms of Market Structure. 4. What are the various methods of measuring national income? END OF SECTION A Section B: Case lets (40 marks)     This section consists of Case lets.  Answer all the questions.  Each Case let carries 20 marks.  Detailed information should form the part of your answer (Word limit 150 to 200 words).  Examination Paper of Managerial Economics The war on drugs is an expensive battle, as a great deal of resources go into catching those who buy or sell illegal drugs on the black market, prosecuting them in court, and housing them in jail. These costs seem particularly exorbitant when dealing with the drug marijuana, as it is widely......

Words: 1303 - Pages: 6

Buisness Law Task

...SUBDOMAIN 310.1 - BUSINESS LAW Competency 310.1.2: Organizational Forms - The graduate can select the appropriate form of organization for a business. Objectives: 310.1.2-01: 310.1.2-02: 310.1.2-03: 310.1.2-04: 310.1.2-05: 310.1.2-06: Differentiate between a sole proprietorship and general partnership. Differentiate between a general partnership and a limited partnership. Identify the distinguishing characteristics of C-corporations. Identify the distinguishing characteristics of S-corporations. Recognize the characteristics of a limited liability company (LLC). Determine the appropriate business form for a given situation. Introduction: As you work on this task, ask yourself why one form of business organization would be selected over another, particularly for a small business. What are the advantages and disadvantages of each form? The business entity characteristics owners should consider fall into these seven categories: • Liability: What are the limits on liability and protection of not only business assets, but personal assets and future earning power of the owner beyond this particular business? • Income taxes: What are the requirements for each form of business and/or owner with regard to paying federal, state, and local income taxes? • Continuity of the organization: Under what conditions would each business form be forced to dissolve? • Control: Who has ultimate control over important decisions? How much control does the owner have to grant to others? • Profit......

Words: 1167 - Pages: 5

Buisness Help

...The Social Contract Randy Smith LAW 421 May 27, 2015 Bob Casey The Social Contract and Government “Between 1787 and 1791 the Framers of the U.S. Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. Although these principles are discussed in civics books, the treatment of them there is often less than satisfactory.” Jon Roland of the Constitution Society (internet website). Origins of the Social Contract In this article their valid contract was a social contract of a government for everyone to live as equals and to live in a utopia kind of place. This type of contract will make a new way of living to have harmony with everyone around while also having mutual benefits. The contract has to cover the normal rights that are given and have to retain them while also having certain restricting liberties. With any civilization we would have to assume that people would have their own duties such as which certain powers shall be used together. The contract is simple, and has two basic terms which is one, the mutual defense...

Words: 1276 - Pages: 6

Owning a Buisness

...BATTERY SAFETY AND OHMS LAW Battery Safety Basics- Do not overcharge or over-discharge. When the charger indicates that the batteries have been fully charged, you can remove them from the charger. Leaving batteries in a charger all night long or longer can cause them to be overcharged, which can result in battery failure (depending on the charger). Charging your battery over 4.25 volts can shorten its life-cycle and going over 4.5 volts can cause it to burst. Cease using your charger if this ever happens. Our recommendation on a good charger: Nitecore D2 Charger (2 Bay) or Nitecore D4 Charger (4 Bay) Efest LUC (2 Bay) Efest LUC (4 Bay) Efest Soda (2 Bay) Recharge batteries with a resting voltage below 3.6V as soon as possible. Leaving LiIon batteries in a discharged state will incur irreversible damage – creating a loss in capacity and a loss in cycles. Determining the exact voltage can be tricky, unless you have a Tank-O-Meter/Volt Meter. If you are building your own coils a Tank-O-Meter is great device to have because you can use it to test your coils and your batteries. Sure, you can always use a battery tester, but the majority of battery testers are not equipped for the types of batteries that are used in mods, or even test batteries under load condition. Do not short circuit your batteries. Short circuiting can cause a huge surge of current that will potentially burn out your battery, damage your mod, or even your face! Short circuits happen when the voltage...

Words: 1289 - Pages: 6

Buisness Envrionment

... 24 Appendices 25 List of Diagrams Diagram 1 – Expansionary monetary policy 17 Diagram 2 – Contraction of monetary policy 18 Introduction Business Environment is the mixture of factors and elements inside and outside the business which will have a direct impact in an organization. There are many factors that will have an affect towards the development of the organization and the factors may include owner of the organization, employees, managers, government, laws passed by government, supplier, technological development and the competitors. Business environment is important to be analyzed because as an organization it can identify its strength, weakness, opportunities and threats which is necessary for the survival and the growth of the organization.There is a handy and nonstop interaction between the business and its environment. This interaction helps in strengthening the business firm and using its resources more effectively. A business is influenced by the environment in which it functions and the success of any business is dependent on its ability to adapt to its environment. Internal and the external factors of business environment can affect the growth of an organization. Stakeholders have...

Words: 5352 - Pages: 22

Buisness Law

...must be present; promisor made a promise significant enough to cause the promisee to act on it, the promisee relied upon the promise, promisee suffered a significant loss, and the relief can only come in the form of the promisor fulfilling the promise (Verkerke, n.d.). Looking at the specific elements listed above, Evans has every right to be reimbursed for the damages she suffered under the promissory estoppel legal doctrine. Seier v. Peek Seier agreed in written agreement to purchase all the stock from Peek. However, Seier never attempted to pay the agreed sum because in his opinion the stock was not worth the money he paid (Brown & Sukys, 2012). Seier decided to purchase the stock and put it in writing which is enforceable by law. Unless there is sometimes illegal from Peek’s side that isn’t mentioned (stock actually being worthless, or Seier being forced to sign), court would rule in the favor of Peek. It seems that Seier either got a change of heart or is financially unable to pay for the agreement. In both cases the court would rule in the favor of Peek as this seems like a legitimate business transaction. Meng v. Boston University Meng was verbally promised by university’s president 14 month of salary and benefits as well as free tuition for his children as a severance package. (Brown & Sukys, 2012). While oral promises can be enforceable, the statue of frauds requires certain contracts to be put in writing in order to be enforceable. One of those......

Words: 1214 - Pages: 5

Buisness Details

...BUSINESS DETAILS This business proposal is confidential and I request that it be treated as such. I must solicit your confidentiality and assure you that I am contacting you in good faith and this proposal will be of mutual benefit. I am Richard Gerrald, a solicitor at law. I am the personal attorney/sole executor to a client of mine, who died along with his family in a plane crash on the 14th of August 2005. My late client a formal Sub-Comptroller working with Chevron Texaco Oil here in the United Kingdom and had Left behind a deposit of Sixteen Million British Pounds Sterling only (£16,000,000.00) with a bank. After the death of my client, the finance company contacted me, as his attorney to provide his next of kin who should inherit his fortune this according to them is their policy in sure circumstances. Since the death of my client, I have written several letters to the embassy with intent to locate any of his extended relatives whom shall be claimants/beneficiaries of his abandoned personal estate and all such efforts have been to no avail. I had to inform the finance company about my fruitless effort in locating my late client's close relative or his next of kin. The board of directors of the finance company now adopted a resolution and I was mandated to provide his next of kin for the payment of this money or forfeit the money as an abandoned fund. The company had planned to invoke the abandoned property decree of 1996 to confiscate the funds after the......

Words: 762 - Pages: 4

Buisness

...on forensic psychology, I believe that I am well prepared to transition into the master program of Mental Health Counseling with a specialization in Forensic Counseling. I have chosen this program because of the experience I am acquiring at work as a child care counselor. As a child care counselor, I work with children that are victims that become perpetrators of crime and repeat the behaviors they of learn from authority figures. My interest in Mental Health Counseling with a specialization in Forensic Counseling progressed from my job related experience. While I enjoy the psychological aspect of counseling and gain a sense of fulfillment from helping others work through their trauma, I would like to apply my knowledge of psychology and law to helping criminal offenders identify why they commit crime and help them not become repeat offenders that continually cycle through the system. Research Experience My research experience has been limited, thus far in my career both academically and professionally. While I was an undergraduate, I had conducted a study on how cultural influence reduces the reporting on crime especially domestic violence. However this was a course requirement for research methods in criminal justice, and in fulfilling my course requirement I feel that this study has been very beneficial and provided myself insight into diverse cultural beliefs, customs, and ethics. In my professional career, I have had more proficiency with research because of my job......

Words: 1346 - Pages: 6