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Friday, March 1, 2019

Mandatory Arbitration: Discussion Assignment

Week 1 Discussion assignment 2 break opens Due 1159pm Friday Part 1 discern wholeness part of the assigned textbook question to answer Part 2 Choose hotshot of the options pic Part 1 Choose one(a) part of the assigned textbook question to answer An important construct this week is jurisdiction. As the text explains, a court must hold subject affaire jurisdiction to hear a case. Subject matter jurisdiction is rather straight forward the court must realise jurisdic tion to hear the particular type of difference (see my video for further report of this concept).Now look at Question 2 (p. 71) and pick either b, c,ord to answer. Explain your answer using efficacious terms and concepts from this weeks readings. (b) Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of pipeline is Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent charge of a stairway. She claims damages of $30,000. The gene ral trial court of Texas would have touch on jurisdiction. there is no federal court diversity jurisdiction because the kernel in dispute is less than $75,000. Top of FormPart 2 choose ONE of the options Choice 1 Mandatory arbitrement Read the Mandatory Arbitration section (p. 45) and the supplemental materials providedLink to Letter to CongressandArbitration right Act (Proposed), then consider the following hypothetical Lets suppose you ar the CEO and majority shareholder of FacTree, a small manufacturer of near trees and flowers. FacTree has about 100 workers who do the routine assembly work for devote ranging from $8 per hour to $15 per hour. They work in two shifts. There are about a dozen supervisors who versee their work. In the past fewer years there have been five employment lawsuits three pertain sexual harassment and two concerned discrimi race in promotion. altogether five settled before trial. For three of the suits the companys attorney fees were over $50,000 per suit. For one of the claims, the company paid $250,000 in damages to the employee. Consequently, you are considering mandatory arbitrament for all employment disputes. Discuss whether you had ever considered that mandatory arbitrament clauses were include in so many of your contracts.Do you agree with imposing theses clauses in so many types of contracts and without negotiation or discussion/ nonice? Does your credit differ as the small business owner in the hypothetical higher up? Explain whether you would or would not impose mandatory arbitration and whether the proposed formula impacts your decision. Minimum 2 paragraphs. Choice 1 Mandatory Arbitration I was not aware of this term prior to this assignment, now that Im learning the meaning of the term Mandatory Arbitration, Im not surprised at all that they are present in so many contracts.Business owners and corporations have the knowledge and know how to always slip away the upper hand on consumers. Every contract or organization that we come across contains sneaky little fine print. CONSTITUTIONAL RIGHTS chiefly PROTECT ONLY AGAINST GOVERNMENTAL ACTS. Were all guilty of not taking the time to read the fine print. To the point of this hypothetical scenario, although I dont agree with the concept of Mandatory Arbitration as a private 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 cherishion for my business. I withdraw the proposed legislation is a fair proposition under the bill, parties involved in a dispute would be allowed a choice between arbitration or a court action when pursuing a complaint. THE CONSTITUION IS A SERIES OF COMPROMISES ABOUT POWER. Choice 2 First Amendment Free lecture On March 1, 2006, this story appeared in the media Ameri butt ends apparently know to a greater extent about The Simpsons than they do about the First Amendment. Far more Ameri hind ends can identify Lisa, Marge, Maggie, Homer, and Bart than the First Amendment freedoms.Only one in four Americans can name more than one of the five freedoms guaranteed by the First Amendment (freedom of speech, religion, press, assembly, and supplication for redress of grievances. ) But more than half can name at least two members of the cartoon family, according to a survey. 1 Considering this and theTexasv. Johnsoncase (p. 110) familiar QuestionWith whom do you agree? Explain. Questions for those who agree that the First Amendment protects flag ruin Isnt it very painful for veterans of foreign wars, some permanently disabled, to see soul burn the flag that they fought for? Did Johnson contribute any valuable ideas when he burned the flag? If he contributed nothing, why should a state be constrained to support his actions? If the majority of a states citizens want to felon flag animated, 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 in like manner outlaw burning a copy of the Constitution? A motion-picture show of the flag? A cross? A photograph of the President? veritable(a) 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 integrated 2 different terms/phrases from this weeks constitutional reading (in all CAPS). pic 1 adopt 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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