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In private business legal disputes between parties that are citizens of different governments, which government’s courts have jurisdiction, whose laws apply and how are judgments enforced? •The government where the violation occurred should have jurisdiction?What are the implications of the Yahoo case? •Anybody can be held liable in a foreign nation for violating the internet laws if what they posted/did was accessible in that nationOPEC nation’s recently agreed to cut production in order to keep oil prices higher. Can they be sued in the US courts for violating US antitrust laws?
When and how should mediation and arbitration be used by companies to resolve legal disputes?•Description: A neutral third party meets with the parties and emphasizes points of agreement to bring them toward resolution of their dispute•Who decides: The parties, but the mediator may suggest or propose a resolutionArbitration•The federal government and state governments favor arbitration over litigationoEmbodied in the FAA of 1925oRequires that courts give deference to all voluntary arbitration agreements in cases governed by federal law•Covers any arbitration clause in a contract that involves interstate commerce •Description: The parties present their arguments and evidence before an arbitrator at as hearing and the arbitrator renders a decision resolving the parties’ dispute•Who Decides: The arbitrator imposes a resolution on the parties that may be either binging or nonbindingPlaintiffs, abused as minors by catholic priests – against the Vatican, filed in the US courts How is the Vatican likely to defend?•Look at Sovereign ImmunityoExceptionsCommercial Activity•The Vatican, is in effect the employer of the priests who abused the kids → Vicarious Responsibility & Liability Committed a tort in US or violated international lawWaived its immunity → explicitly or by implication Lecture 2.2 Product/Service/Operations/Environmental Legal Risk Management•Understand basic legal concepts for determining fault and liability1*Understand the relationships between tort and contract law concepts and administrative agency health, safety and environmental regulations2*Understand liability for independent contractors versus employees and agents3*Apply the legal critical thinking analytical processCh. 12: Reviewing Torts case & pr. 12-5, 9 & 11; Ch. 19, pgs. (496-499) & Answer the “Reviewing Agency” case questions.