005594572
Questions for Arbitration
Intro to Law: Contracts 1.a. False. From the opinions presented, it appears that Shelley will lose. Based on the opinions presented, let’s take a lot at the opposing opinions first so we can try to identify who is the majority and who is the dissenting, shall we? the opinions between 4 of the judges so far appear evenly divided, with 2, judges Arnold and burns, saying that the decision of the lower courts should be upheld, and 2, judges Curt and Dan, saying that the decision should be reversed, but when I include the opinion of the 5th judge, it shifts the outlook of the case toward reversing the decision of the lower courts. Yet, which of these opinions are the majority and dissenting opinions? There …show more content…
Let’s take a look by first identifying the concurring opinion. This opinion would be the 5th judge, Judge Edwards, who in this case shares the opinion that the lower courts should be reversed in their decision, but stating so for a different reason compared to the opinions of Judges Curt and Dan. He states that he believed one of the jurors was biased, which invalidated the judgement of the jury. Seeing as how he shares the opinion of Judges Curt and Dan, this would make Judge Edward’s opinion the concurring opinion, therefore classifying Judges Curt and Dan’s opinions as the majority opinion and Judges Burns and Arnold’s as the dissenting opinion. Now, taking a look at the full statistics, the opinions are stacked 3-2 in favor of reversing the lower courts decisions in favor of Dr. Smith. Therefore, seeing as how Shelley had won the previous case, this would also overturn her victory and either call for a new trial or it would determine Dr. Smith as the victor. In short, this …show more content…
someone may prefer litigation because in some cases, the arbitration may not provide adequate enough settlement or solution to the dispute, not one that is necessary to truly solve the dispute. In addition, if the plaintiff were trying to sue a company for a wrong, they wouldn’t be able to do that through arbitration and be able to receive the compensation they desire. One other area where litigation is more effective is its use to expose or change harmful or illegal business practices. By taking the issue to court, the business practice is made public, so by doing so the company will be forced to change its business practices in order to still remain in business, should the case succeed, or risk losing business. In arbitration, the business is allowed to keep its affairs private, so any unlawful or harmful business practices would not be brought to public light if taken through arbitration, and the business would not be forced to alter anything. If it’s in the case of financial compensation for a slight, to expose a corrupt business practice, then litigation is more qualified than arbitration, which is often why, in the past, contracts had that option blocked by mandatory arbitration clauses in order to keep employees from exposing those business practices, as far as I understand
Questions for Arbitration
Intro to Law: Contracts 1.a. False. From the opinions presented, it appears that Shelley will lose. Based on the opinions presented, let’s take a lot at the opposing opinions first so we can try to identify who is the majority and who is the dissenting, shall we? the opinions between 4 of the judges so far appear evenly divided, with 2, judges Arnold and burns, saying that the decision of the lower courts should be upheld, and 2, judges Curt and Dan, saying that the decision should be reversed, but when I include the opinion of the 5th judge, it shifts the outlook of the case toward reversing the decision of the lower courts. Yet, which of these opinions are the majority and dissenting opinions? There …show more content…
Let’s take a look by first identifying the concurring opinion. This opinion would be the 5th judge, Judge Edwards, who in this case shares the opinion that the lower courts should be reversed in their decision, but stating so for a different reason compared to the opinions of Judges Curt and Dan. He states that he believed one of the jurors was biased, which invalidated the judgement of the jury. Seeing as how he shares the opinion of Judges Curt and Dan, this would make Judge Edward’s opinion the concurring opinion, therefore classifying Judges Curt and Dan’s opinions as the majority opinion and Judges Burns and Arnold’s as the dissenting opinion. Now, taking a look at the full statistics, the opinions are stacked 3-2 in favor of reversing the lower courts decisions in favor of Dr. Smith. Therefore, seeing as how Shelley had won the previous case, this would also overturn her victory and either call for a new trial or it would determine Dr. Smith as the victor. In short, this …show more content…
someone may prefer litigation because in some cases, the arbitration may not provide adequate enough settlement or solution to the dispute, not one that is necessary to truly solve the dispute. In addition, if the plaintiff were trying to sue a company for a wrong, they wouldn’t be able to do that through arbitration and be able to receive the compensation they desire. One other area where litigation is more effective is its use to expose or change harmful or illegal business practices. By taking the issue to court, the business practice is made public, so by doing so the company will be forced to change its business practices in order to still remain in business, should the case succeed, or risk losing business. In arbitration, the business is allowed to keep its affairs private, so any unlawful or harmful business practices would not be brought to public light if taken through arbitration, and the business would not be forced to alter anything. If it’s in the case of financial compensation for a slight, to expose a corrupt business practice, then litigation is more qualified than arbitration, which is often why, in the past, contracts had that option blocked by mandatory arbitration clauses in order to keep employees from exposing those business practices, as far as I understand