Law 531

Traditional and Non conventional Litigation Systems rightfulness/531 July 30, 2012 The traditionalistic legal agreement of utilizes legality as it is foundation for all decisions. lawfulnesss in the United States have tetrad sources constitutional, statutes and ordinance, common legality and administrative. The features of these quartette be * Constitutional Law is based on a formal enrolment that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances argon legislation passed on the national, state, or topical anesthetic anesthetic levels. * Common Law is based on the concept of precedence on how the courts have interpreted the law. Under common law, the facts of a particular flake ar determined and comp bed to previous exercises having similar facts in order to realize a decision by analogy. Common law applies mostly at the state le vel. It originated in the 13th century when royal judges began put down their decisions and the reasoning behind the decisions. * Administrative Law federal, state, and local level.Administrative law is make by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme cost, Appellate courts and audition courts, in the business environment the trial court is a pop choice because it handles the obliging disputes and it is only when unique cases appear it is sent to be viewed by the Supreme coquette for a ruling.Cases such as national FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, depositary OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the health care law which mandates healthcare for all, when this kind of law i s in place and it affects the citizens on a all that decision must be weighed against the rules of the constitution which is the law of the land. Alternative contravention Resolution (ADR) this is the mitigation process where the end result is the agreement correspond to the process of litigation.ADR is the involvement of a third party to who is unbiased except encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which whitethorn arise, the process is faster because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is make. Finally, the agreement is also covered by a caution of confidentiality which reminds both parties that the agreed terms must not be discussed.This compositors case of discussion is helpful in mergers and acquisitions as is used in the execution environments where a u nion supplies the employees. Comparison Both processes are features of the judicial remains and the remedy is legally binding. Most times the remedy is monetary and the civilian wrong is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American intelligent System Quick MBA, Law and Business http//www. quickmba. com/law/sys/, viewed July 30th 2012. healthcare Reform Ruling study FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, escritoire OF HEALTH AND HUMAN SERVICES, ET AL http//www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort The Lectric Law Library LECLAW. com, http//www. l ectlaw. com/def2/t032. htm, viewed July 30th 2012. 1 . A tort is an act that injures psyche in some way, and for which the injured person whitethorn sue the wrongdoer for damages. wakelessly, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes the wrongdoer may face both civil and criminal penalties. )Law 531Traditional and Nontraditional Litigation Systems Law/531 July 30, 2012 The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources constitutional, statutes and ordinance, common law and administrative. The features of these four are * Constitutional Law is based on a formal archive that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local level s. * Common Law is based on the concept of precedence on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to vex a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began enter their decisions and the reasoning behind the decisions. * Administrative Law federal, state, and local level.Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme Court, Appellate courts and mental testing courts, in the business environment the trial court is a ordinary choice because it handles the civil disputes and it is only when unique cases appear it is sent to be viewed by the Supreme Court for a ruling.Cases such as NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the healthcare law which mandates healthcare for all, when this kind of law is in place and it affects the citizens on a whole that decision must be weighed against the rules of the constitution which is the law of the land. Alternative fight Resolution (ADR) this is the mitigation process where the end result is the agreement check to the process of litigation.ADR is the involvement of a third party to who is unbiased just now encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which may arise, the process is fast because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is made . Finally, the agreement is also covered by a care of confidentiality which reminds both parties that the agreed terms must not be discussed.This oddball of discussion is helpful in mergers and acquisitions as is used in the school environments where a union supplies the employees. Comparison Both processes are features of the judicial system and the remedy is legally binding. Most times the remedy is monetary and the tort is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American Legal System Quick MBA, Law and Business http//www. quickmba. com/law/sys/, viewed July 30th 2012. health care Reform Ruling NATIONAL FEDERATION OF IN DEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL http//www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort The Lectric Law Library LECLAW. com, http//www. lectlaw. com/def2/t032. htm, viewed July 30th 2012. 1 . A tort is an act that injures somebody in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes the wrongdoer may face both civil and criminal penalties. )