Law Legal System Dispute Resolution Essay

Pages: 2 (924 words)  ·  Style: MLA  ·  Bibliography Sources: 3  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

¶ … Legal System//Dispute resolution

You are a party (plaintiff or defendant) in a civil lawsuit. You and your attorney are deciding whether you should request that the trial be conducted with a jury. Identify and explain three factors to consider in this decision.

From the plaintiff's perspective, a civil lawsuit involving complicated and technical evidence with strong emotional implications will likely be more fairly evaluated by a judge. For example, in cases involving medical malpractice, the sight of a bereaved widow or a child with a severe birth defect might be more emotionally persuasive than hard, cold medical evidence that indicates that there was nothing the physician could do to prevent the tragedy from occurring. If a large corporation is being sued, a jury might even think that the company can 'afford to pay a large settlement' to a defendant who is sympathetic but has a tenuous product safety complaint. Jurors may not ignore inflammatory and inadmissible evidence that a lawyer attempts to 'sneak in,' even if the judge tells them to disregard it when coming to a conclusion. Thus, knowing that the opposing party has a persuasive and grand-standing lawyer might be another reason to take the emotional pull of the other side's case into consideration, and ask for a judge rather than a jury trial.

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The dangers of emotional appeal are not the only reasons to have a case heard by a judge: cases involving complex legal or scientific matters may simply not be comprehensible to the average juror. Patent disputes, cases involving intellectual property, or arcane aspects of zoning laws might be too detailed (or to dull) to command a jury's full comprehension and understanding.

Finally, speed is another consideration: if a speedy decision is desired or necessitated, having a single deciding individual in the form of a judge is likely to yield a swifter decision than a jury trial.

Identify and explain the advantages and disadvantages of dispute resolution by litigation, arbitration and mediation

TOPIC: Essay on Law Legal System Dispute Resolution Assignment

Of the three methods of dealing with a dispute, mediation is the least formal. Mediation is non-binding, while in arbitration, the neutral third party often functions as a judge and can make decisions about the type of evidence that is admissible or inadmissible. The advantage to mediation is that all parties get to air their grievances: in some instances, that is the main desire of both parties, who may wish to avoid the expense and the time-consuming process of litigation. However, the close personal contact necessitated in mediation can also inflame tensions and result in more, rather than less ill-will, such as in the case of persons negotiating child custody after divorce. The mother or father might simply become angrier, upon being confronted with a former spouse. An overly informal mediation process can… [END OF PREVIEW] . . . READ MORE

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Law Legal System Dispute Resolution.  (2009, November 18).  Retrieved July 30, 2021, from https://www.essaytown.com/subjects/paper/law-legal-system-dispute-resolution/451740

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"Law Legal System Dispute Resolution."  Essaytown.com.  November 18, 2009.  Accessed July 30, 2021.
https://www.essaytown.com/subjects/paper/law-legal-system-dispute-resolution/451740.