Dispute Resolution Discussion Reflection Paper

Dispute Resolution Discussion Reflection Paper

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Dispute Resolution Discussion Reflection Paper

Dispute, Resolution, Discussion, Reflection, Paper

 

Reflection and Discussion Forum Week 3

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.

Also, provide a graduate-level response to each of the following questions:

Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.

Peter Plaintiff is citizen of Kentucky.   He drives to Tennessee and purchases a lawn mover from Lousy Lawn Mowers, Inc.  Peter Plaintiff returns to Kentucky and is seriously injured when the lawnmower explodes during normal use.

Lousy Lawn Mowers, Inc. does not do business in Kentucky and is incorporated in Delaware.  May Peter Plaintiff bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or federal court, and why?

Respond to the post of at least two peers, using 100 words minimum each.

Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion].

Week 3 – Short Essays

Question I – The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement.  Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial.

This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction.  Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court?

Question II – Lonnie dies while working on a barge.  Lonnie’s widow sues the barge company in state court. The Parties agree on the facts and cause of Lonnie’s death; however, they do not agree whether the Longshoreman Act should apply to this case.

Lonnie’s widow has already received a remedy in a separate administrative action as part of a workers’ compensation claim.  The Longshoreman Act would allow the decedent’s family to pursue an action in court, even if the family has agreed to a settlement as part of the worker’s compensation action.

If the Longshoreman Act does not apply, then the decedent’s family will have no remedy in court.  Prior to trial, what motion should the barge company’s attorney make?  What must this attorney prove in order for her motion to be successful?

 

 

RUBRIC
Excellent Quality 95-100%	Introduction 45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.		Literature Support 91-84  points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.			Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score 50-85%	40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.		83-76  points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.			52-49  points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality 0-45%	37-1 points The background and/or significance are missing. No search history information is provided.		75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.			48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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