Law 531 Free Essays

Traditional 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 document that defines broad powers. We will write a custom essay sample on Law 531 or any similar topic only for you Order Now 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 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 case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording 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 Trial courts, in the business environment the trial court is a popular 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 Dispute Resolution (ADR) this is the mitigation process where the end result is the agreement according to the process of litigation. ADR is the involvement of a third party to who is unbiased but 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 quicker 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 caveat of confidentiality which reminds both parties that the agreed terms must not be discussed. This type of discussion is helpful in mergers and acquisitions as is used in the work 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. Contrast The 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. Healthcare Reform Ruling; NATIONAL FEDERATION OF INDEPENDENT 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 someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as oppo sed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties. ) How to cite Law 531, Essays Law 531 Free Essays Regulatory Laws and Torts in Alumina Simulation Kathleen Kraft-Smith LAW 531 Martine Anderson University of Phoenix Regulatory Laws and Torts in Alumina Simulation Alumina is a manufacturing plant specializing in automotive components, packaging materials, bauxite, refining, and smelting. Lately this organization has been dealing with an EPA violation that occurred, and was corrected, five years ago through an individual that states harm has occurred based on this violation. A closer look at this organization and the violation reveals regulatory risks that need to be managed, prevented and corrected. We will write a custom essay sample on Law 531 or any similar topic only for you Order Now Going through each scenario within the simulation we will present all the regulatory risks and liabilities, possible choices for management and the consequences of each choice for these risks, and a preventative plan to help eliminate future problems that may occur due to this violation. Problem 1. Release news story highlighting efficiency of the system and its clean record. This plan of action is usually a wise approach as it instills confidence into the public, letting them know that the organization understands the regulations and is all about adhering to them. As in this case however the reporter falsely documented data which reflected negatively on the organization, which then a retort of the article had to be written. Alumina could have used this situation as a deformation case, but was satisfied with the paper publishing the corrected data. Approach Ms Bates to test her resolve. This approach may seem like a good idea as this individual seems to have been guided and may have malice intentions. However, in approaching Ms Bates this may reflect negatively on the organization as a manipulation or bulling tactic as well as an invasion of privacy issue. Conduct an Independent site study to check for new violations. This approach is a wise one. By the organization doing this it insures that all standards are met incase this particular problem goes further in the litigation process. Arrange for a private investigation on Bates. This is a poor idea as it could create an invasion of privacy suit as well as cost the organization a lot financially. Looking at all four of these action plans the best plan would be to conduct an individual study to ensure that all process met EPA standards and give a press release showing the results. This not only covers any liabilities that the organization my incur through the process but also puts the public at ease that this particular organization does care about the society around it and is involved in contributing to the pollution solution rather than creating a problem. To aid in preventing such an accusation from occurring again Alumina must continue to conduct internal investigations making sure that all processes are in compliance to EPA/OSHA standards. Problem 2. Ms. Bates and the reporter are asking for the violation records of Alumina under the Freedom of Information Act. â€Å"The Freedom of Information Act, commonly known as the FOIA, was enacted by Congress in 1996 to give the American public greater access to the Federal Government’s records. † (www. fcc. gov/foia/). However, as these files can become public there is still protection to the organizations under Section 552(b) of the FOIA. There are nine records that are exempt from disclosure. Such items are internal personnel rules, agency practices as well as trade secrets, commercial or financial information obtained from a person and privileged or confidential, and records relating to the examination, operations, or condition of the institutions. (www. fcc. gov/foia). Possible Actions: Allow partial release of environmental audit report. This would be a wise choice as it shows willingness to cooperate with the accusers as well as secure all competitive confidential information. Object to disclosure of environment audit report citing confidentiality of business information. This options gives the appearance of trying to hide information from the public, thus creating a false image, and creating a possible hysteria in the community. However, the organization does have the right to withhold sensitive business information. No objection to disclosure of environmental audit report. This alternative shows compliance, but could release information that could be detrimental to the organizations business obligations. The best solution here is to release a partial report giving the public what they request and ooperating with them while still withholding sensitive competitive information that could be detrimental to the organization. To help prevent a problem such as this in the future is to know what information the organization is considering industrial trade secrets and what can be public knowledge. It may even help to publicize the results of future inspections as a good faith measure for the community. Problem 3. Ms. Bates is suing Alumina for damages allege dly contributed to the violation. Possible Action: Negotiate with Bates offer a trust to help Bates with medical expenses. This could be a plausible action plan but has no legal standing and negotiations could be interpreted differently by either side. This then could lead to a more costly venture such as a trial. Seek AAA intervention in solving the dispute. This should be one of the first options considered as it could keep the problem from exploding into a PR nightmare as well as solve any negligence issues that may have occurred by the EPA violation. Go to trial on the notion that Ms Bates does not have a case. Ms. Bates allegations may be false, but there also may be some truth to what she is saying. This move is not only arrogant but risky as the interpretation of the law through a jury can go either way. This alternative is also the most financially expensive. The best solution in this particular case would be to try the AAA, as the decisions made are legally binding and can often find a common ground for both parties to agree to. This option, if effective, can save the organization in many ways, such as financially, but also their reputation is saved by not having to go through a public trial. If this particular solution does not work one can then always approach the situation with a trial but most of the time a settlement can be made through the AAA. Conclusion: Being aware of the laws that effect a particular organization, such as in this case the Clean Water Act, and the FOIA, can help in reducing negligence suits other liabilities that may occur. Keeping a preventative strategy plan rather than a reactive plan will also help. In this case keeping the processes and machinery up to EPA standards and then allowing the public to view the inspection results. This shows cooperation and community concern from the organization, and this positive PR could aid in the reduction of law suits in the future. References: Business Regulation Simulation. University of Phoenix. https://ecampus. phoenix. edu/secure/aapd/vendors/tata/sims/legal/legal_simulation1. html Jennings, M. M. (2006), Business: It’s Legal, Ethical, and Global Environment (7th ed), Mason, OH: Thomson Freedom of Information Act. Retrieved March 26, 2010 from http://www. fcc. gov/foia/ Summary of the Clean Water Act. Retrieved March 26, 2010 from How to cite Law 531, Essays