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BUS415 week 2 team - Legal system 1 Legal System...

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Legal system 1 Legal System Identification, Comparison, and Analysis Celeste Bourne, Cleo Robinett, Justin Bourne, Meylani Quinones, Tina Littlefield and Victoria Morales University of Phoenix November 5, 2008 BUS/415
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Legal system 2 Legal System Identification, Comparison, and Analysis The law identifies the right from wrong doings and provides guidelines of how people should act. The standard of industry is advocated when the people executing the business transactions have a clear understanding of the laws and the fraudulent acts. An act of fraudulent transpires when a person dishonestly takes advantage and gains which causes a shortfall to the other party (Stallworthy, 2007). The right to passage is a law related to easement. Access to the utility lines is essential; therefore, an approval from the City is important prior to building the infrastructure of the subdivision. Our legal firm will attempt to settle the legal issues out of court. Foremost, the legal team will proceed to seek approval to build around the easement and negotiate a fair compromise between the City and our client. If unsuccessful, legal disputes between the client and the City can be settled in the civil court. The civil claims court affords more flexibility to both the client and the City, updates parties of the development of the case, and explains the process in achieving the judgment. The drawback of the civil claims court is the length of the proceedings and most land development companies cannot afford the impact of the proceedings in the company’s financial standing particularly the wait times and the legal expenses. Real estate law is under the jurisdiction of the state courts. In rem jurisdiction handles the disputes over the real estate property situated in the state. If the city decides to file a lawsuit, certain processes need to happen. Foremost, the petitioner must have a ventured interest in the outcome, the petitioner gives the court the authority to serve summon to the defender by filing the lawsuit, and a venue for the court hearing is established (Cheeseman, 2007). The state courts consist of different divisions. The claim is initially filed in the civil division. The case will be brought to the higher courts if settlement is not obtained in the lower
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Legal system 3 courts. The hierarchy of the state courts is from civil division, state trial courts of general jurisdiction, state appeals courts, and the state supreme court. The claim is heard in the U.S. District Courts for the federal court system and in the U.S. Courts of Appeals (Cheeseman, 2007). The significance of the civil law system needs to be emphasized. Settlement through court proceedings is essential to resolve disputes and sometimes to pay damages to those who are harmed or taken advantage (Howard, 2008). The law system motivates people to act sensibly and legally.
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