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Unformatted text preview: CONSTITUTIONAL AUTHORITY TO REGULATE BUSINESS Why can you not run into a crowded theater and yell fire when there is no fire? I. Overview One of the most prevalent myths in the folklore of law and lawyers is found in the dramatization of trials. In the world of pop culture, no one knows who really did it until the end when a surprise witness shows up to "finger" the bad guy. Regardless of the outcome, the process is always full of glamour and intrigue. Welcome to Real World 101! A trial rarely resembles the goings on found in the entertainment media. Trials are long, tedious, emotionally and financially draining processes for all parties concerned. In many ways a trial represents a failure by the parties to reach some sort of satisfactory solution of the issue beforehand. Rarely do the parties actually want to go through the machinations of being led through a labyrinth of pleadings, motions, and the like, feeling all the while totally dependent on the sometimes questionable competence of their attorneys. Unlike the make-believe world of entertainment, the job of an attorney is to keep his or her client out of court. The attorneys professional advice should anticipate and resolve potential legal problems before, rather than after, the fact. Assume a dispute does arise which cannot be avoided. The first step taken may not be at the courthouse door. Because of all the frustrations associated with the trial process, one of the fastest growing arenas of law-related activities is found in alternative dispute resolution mechanisms. The more traditional methods are arbitration and mediation. In both cases, a disinterested third party is called in to assist the disputing parties. With arbitration, the parties agree to be bound by the arbitrator. In mediation, the third party acts to bring the parties together but cannot bind them to an agreement. Newer mechanisms include judicial referees, fact-finders, and ombudsmen. In addition, most governmental agencies have internal administrative remedies available for resolution of problems persons may be having with the agency. If none of these out-of-court methods are feasible, the court trial process comes to the fore. II. Multi-issue Essay Question Brew Ha Ha Brewery is located in New Salem, California, and is engaged in the business of producing specialized low alcohol products for specifically identified niche markets. It produces diet beers for the overweight crowd, young malts for the young at heart, and aged malts for the over-the-hill yuppie couch potatoes. Brew Ha Ha's newest product seeks to cash in on the latest craze, a revival of witchcraft! Their new product is named "The Devil Made Me Do It!" The "Devil" beer has the same low alcohol content as all its other products but is designed to look like a steamy caldron of some witch's brew that will conjure up images of the rich and diverse history of occult practices throughout the world....
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- Summer '07