Please answer this quick Some scholars contend the United St

Please answer this quick. Some scholars contend the United States is becoming increasingly more litigious. Other scholars believe Americans file no more lawsuits than they did in decades past, but instead contend the perception of increased litigation in the United States is fueled by very large, very well-publicized jury awards to plaintiffs. Consider that roughly only 1% of civil cases filed eventually go to trial. Consider also the other 99% of cases reach resolution through alternative dispute resolution, dismissal by courts, or end for other reasons (i.e. lack of funds, public perception, or newly discovered facts).

Hypothesize that you are providing advice to a company (as a manager, owner, or valued employee) that is considering whether to file a lawsuit against or has been sued by another company, customer, or employee. What factors would you evaluate in deciding whether to file, settle, defend, or otherwise resolve a lawsuit? Please give thought to both sides of the coin: as a company considering whether to bring a lawsuit and as a company anticipating defense of a lawsuit.

(The goal of this discussion is to better understand and deeply analyze the benefits and drawbacks of the legal system and dispute resolution, and their impacts on businesses and business relationships).

Please make it 3-4 paragraphs in length. Also please make sure to demonstrate critical thinking and analysis using research by using include one journal article for support, and personal work experiences.

Thank you!

Solution

Question Please answer this quick. Some scholars contend the United States is becoming increasingly more litigious. Other scholars believe Americans file no more lawsuits than they did in decades past, but instead contend the perception of increased litigation in the United States is fueled by very large, very well-publicized jury awards to plaintiffs. Consider that roughly only 1% of civil cases filed eventually go to trial. Consider also the other 99% of cases reach resolution through alternative dispute resolution, dismissal by courts, or end for other reasons (i.e. lack of funds, public perception, or newly discovered facts).

Most Cases Lead to Binding Arbitration which is why roughly only 1% of civil cases filed eventually go to trial

The reason why many business agreements contain language which refer any disputes to binding arbitration is because of three major risks , namely, Legal Risks, Financial Risks and Reputational Risk. Whenever there\'s a dispute that\'s escalated to the courts there are legal risks which could cost the defendant and the plaintiff a large sum of money. Apart from cost of legal escalation, there\'s also the issue of the damages awarded , if any which could be substantially higher than the sum owed or the difference that needs to be paid out in the event of a litigation , since the court often awards damages disproportionately in order to set an example and discourage un ethical business practices

Hypothesize that you are providing advice to a company (as a manager, owner, or valued employee) that is considering whether to file a lawsuit against or has been sued by another company, customer, or employee. What factors would you evaluate in deciding whether to file, settle, defend, or otherwise resolve a lawsuit? Please give thought to both sides of the coin: as a company considering whether to bring a lawsuit and as a company anticipating defense of a lawsuit.

Wether or not to file, settle, defend would purely depend on the probability of the outcome and factors like Procedural history for similar cases and Facts and Evidence gathered by both parties

And most importantly where we fall on the contract law if the law suit has to do with the breach of contract

Contract liability : UCC stands for uniform commercial code lays down an outline for commerce laws comprising of rules of sales etc in the United States. Mirror Image Rule is a type of contract law that requires the person / individual or the organisation making an offer to accept and deliver on the terms and conditions stated in the offer without deviating from it. Battle of the forms is a legal scenario where the person / individual or the organisation making an offer through a contract receives an acceptance to that invitation through a separate contract. In such cases the contract can be voided in the event of ambiguity or discrepancies.

#1 Contract Impossibility under UCC 2-615(a), under which a contract can be voided if one or more of the parties could not deliver fulfil their obligations due to unforseen, external circumstances and despite of their best efforts to find close substitutes or alternatives, they were unable to deliver. (in this case a draught)

#2 Substantial Performance , under which, one or more of the parties involved in the contract can be offset, if they\'ve delivered a reasonable proportion of their obligations , to their best ability to do so.

Also please make sure to demonstrate critical thinking and analysis using research by using include one journal article for support, and personal work experiences.

Source :

Federal Judicial Caseload Statistics 2015

US Courts . GOv