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Consumer Arbitration
Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding. In the United States, there is an ongoing debate over the use of arbitration clauses in consumer contracts. Differences between arbitration and litigation include the costs of resolving a case, the speed of resolution, and the procedure of resolving a case, including how and where the arbitration is conducted and the availability of discovery. Critics of consumer arbitration say that arbitrators and arbitration administrators can be biased (in part due to the repeat-player effect), arbitration clauses are not conspicuous, and for many classes of consumer goods and services, nearly all providers require arbitrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discover Bank V
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Discover may refer to: Art, entertainment, and media * ''Discover'' (album), a Cactus Jack album * ''Discover'' (magazine), an American science magazine Businesses and brands * DISCover, the ''Digital Interactive Systems Corporation'' * Discover Financial, an American financial services company operating Discover Bank, which offers checking accounts, credit cards, etc. ** Discover Card, a credit card brand Science and engineering * DSCOVR, an Earth observation satellite See also * Discovery (other) * Discoverer (other) Discoverer may refer to: Ships * MS World Discoverer, MS ''World Discoverer'' cruise ship wrecked off the Solomon Islands in 2000 * ''Discoverer Clear Leader'' double-hulled dynamically-positioned drillship (2007), sister ships are ** ''Discovere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of California
The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was created on September 28, 1850, following the passage of the California Statehood Act on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The district was further divided on March 18, 1966 with the creation of the Central and Eastern districts. The United States Attorney's Office for the Southern District of California represents the United States in civil and criminal litigation in the court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia, SCOTUS Photo Portrait
Antonin may refer to: People * Antonin (name) Places ;Poland * Antonin, Jarocin County, Greater Poland Voivodeship * Antonin, Kalisz County, Greater Poland Voivodeship * Antonin, Oborniki County, Greater Poland Voivodeship * Antonin, Ostrów Wielkopolski County, Greater Poland Voivodeship * Antonin, Poznań County, Greater Poland Voivodeship * Antonin, Środa Wielkopolska County, Greater Poland Voivodeship * Antonin, Sieradz County, Łódź Voivodeship * Antonin, Zduńska Wola County, Łódź Voivodeship * Antonin, Masovian Voivodeship * Antonin, Podlaskie Voivodeship * Antonin, Pomeranian Voivodeship * Antonin, part of Nowe Miasto, Poznań, Greater Poland Voivodeship See also *Antolin (name) *Antonina (other) *Antonini (other) *Antonino (other) *Antoniny (other) *Antoninus (other) *Antoniu *Antonen Antonen is a Finnish surname. Notable people with the surname include: *Joose Antonen (born 1995), Finnish ice hockey player *Juuso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hooters Of America, Inc
Hooters is the registered trademark used by two American restaurant chains: Hooters, Inc., based in Clearwater, Florida, and Hooters of America, Inc. based in Atlanta, Georgia, and owned by the private investment firm Nord Bay Capital (with TriArtisan Capital Advisor, as its advisor). The Hooters name is a double entendre referring to both a North American slang term for women's breasts and the logo (a bird known for its "hooting" calls: the owl). Hooters also had an airline, Hooters Air, with a normal flight crew and flight attendants and scantily clad "Hooters Girls" on every flight. The waiting staff at Hooters restaurants are primarily young women, usually referred to simply as "Hooters Girls", whose revealing outfits and sex appeal are played up and are a primary component of the company's image. The company employs men and women as cooks, hosts (at some franchises), busboys, and managers. The menu includes hamburgers and other sandwiches, steaks, seafood entrees, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Business Lawyer
''The'' () is a grammatical article in English, denoting persons or things that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Form Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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