Review Matching Exercise ACC . Complaint A. A means to resolve ✓ Solved

Match the following terms related to law and dispute resolution with their correct definitions:

  1. A: A means to resolve disputes other than litigation.

  2. B: A body of principles that developed because the rules of law were inadequate. Allows for a fair result in a court case.

  3. C: Promise either express or implied about the nature, quality or performance of goods.

  4. D: Law developed by judges who issued their opinions when deciding a case.

  5. E: Something of legal value given in exchange for a promise.

  6. F: Transfer of possession but not title.

  7. G: Government body charged with administering and implementing legislation.

  8. H: When parties to litigation engage in various activities to gather information.

  9. I: A form of ADR in which a neutral third party acts to act as a referee to try to resolve the dispute (acts like a messenger).

  10. J: Written law enacted by the legislative branch of the state and federal government.

  11. K: The document filed by the plaintiff to initiate a lawsuit.

  12. L: Violation of the law that is punished as an offense against the state or government. Involves an act and mental state (scienter).

  13. M: A party who is sued in a civil case; party who is prosecuted in a criminal case.

  14. N: A legally enforceable promise or set of promises.

  15. O: The authority of a court to hear a case.

  16. P: A federal criminal statute that prohibits bribery and corruption for US companies operating overseas.

  17. Q: Civil wrong that interferes with one’s property or person.

  18. R: A body of principles that establishes the structure of government and the relationship of the government to the people governed.

  19. S: A doctrine in which the employer is allowed to terminate an employee at any time for any reason or no reason at all.

  20. T: Law that prohibits price fixing.

Paper For Above Instructions

The terms and concepts listed in this exercise define various elements of law and dispute resolution. Understanding these terms is essential for anyone studying law, particularly in a business or legal studies context. Below is a detailed explanation of some of these key terms, their implications, and their functions within the legal framework.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution refers to various methods used to resolve disputes outside of the court system. This can include arbitration, mediation, and negotiation. ADR is particularly valued for its ability to save time and resources, as well as to provide a more amicable solution for the parties involved compared to traditional litigation (Bush & Folger, 2005).

Common Law

Common Law is a body of law developed through judicial decisions rather than through legislative statutes. Judges create precedents by issuing opinions in individual cases, which then serve as a foundation for future cases. This adaptive nature allows the law to evolve in response to changing societal values (Smith, 2018).

Statutory Law

In contrast to common law, statutory law is composed of written laws created by legislative bodies. These laws are explicitly drafted and voted upon by elected representatives. Statutory law ensures clarity and uniformity in legal standards, as they are intended to address specific issues within society (Miller & Jentz, 2018).

Jurisdiction

Jurisdiction refers to the authority of a court to hear a case. This can be dependent on geographical location or the type of case being presented. Different courts may have concurrent jurisdiction, allowing parties to choose where to file their case. The concept of jurisdiction is fundamental, as it establishes which court has the power to adjudicate a dispute (Chemerinsky, 2019).

Warranty and Consideration

Two pivotal concepts in contract law are warranty and consideration. A warranty is a promise regarding the quality or nature of goods or services, which can be either express or implied. This protects consumers by assuring them of certain standards (Ulrich, 2020). Consideration, on the other hand, refers to something of legal value exchanged as part of a contract, making the agreement legally enforceable. It is an essential element of a valid contract (Clarkson & Miller, 2021).

Employment-at-Will

The employment-at-will doctrine allows employers to terminate employees at any time for virtually any reason, as long as it is not illegal. This provides flexibility for employers but can lead to job insecurity for employees who may be dismissed without warning (Bennett-Alexander & Hartman, 2018).

Federal Criminal Statutes

Federal criminal statutes, such as the Foreign Corrupt Practices Act, prohibit certain unethical behaviors, such as bribery and corruption, particularly by U.S. companies operating overseas. These statutes emphasize corporate responsibility and aim to uphold ethical conduct in international business (Langevoort, 2017).

Torts and Crimes

Legal wrongs are classified as either torts or crimes. Torts are civil wrongs that infringe upon a person’s rights or property, and plaintiffs can seek compensation through civil lawsuits. Crimes, on the other hand, are offenses against the state and are punishable by law, reflecting society's moral standards (Prosser, 2017).

Equity

Equity refers to a set of legal principles that aims to achieve fairness and justice in legal proceedings. It addresses situations where the strict application of legal rules may result in an unjust outcome. Courts of equity can issue rulings based on fairness rather than solely on legal precedents (Harris, 2019).

The Role of Administrative Agencies

Administrative agencies are governmental bodies responsible for administering and implementing legislation. They have the authority to create regulations within their designated areas of expertise, thus playing a critical role in the enforcement of statutory law (Wagner, 2020).

Conclusion

Understanding these legal concepts is crucial for navigating the complexities of law and dispute resolution. Each term plays a significant role in shaping legal outcomes and reflecting societal values. Whether one is engaged in business, legal practice, or simply seeking to understand their rights, familiarity with these principles is essential.

References

  • Bennett-Alexander, D. D., & Hartman, L. P. (2018). Employment Law for Business. McGraw-Hill Education.

  • Bush, R. A. B., & Folger, J. P. (2005). The Promise of Mediation. Jossey-Bass.

  • Chemerinsky, E. (2019). Federal Jurisdiction. Aspen Publishers.

  • Clarkson, K. W., & Miller, C. J. (2021). Business Law: Text and Cases. Cengage Learning.

  • Harris, L. J. (2019). Equity and Trusts. Routledge.

  • Langevoort, D. C. (2017). Corporate Governance and Accountability. Wolf Publishing.

  • Miller, R. L., & Jentz, G. A. (2018). Business Law. Cengage Learning.

  • Prosser, W. L. (2017). Prosser and Keeton on Torts. West Academic Publishing.

  • Smith, J. (2018). Understanding Common Law. Palgrave Macmillan.

  • Wagner, M. W. (2020). Administrative Law: A Contextual Approach. West Academic Publishing.