In private business legal disputes between parties

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 nation
OPEC 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 resolution
Arbitration
•
The federal government and state governments favor arbitration over litigation
o
Embodied in the FAA of 1925
o
Requires 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
nonbinding
Plaintiffs, abused as minors by catholic priests – against the Vatican, filed in the US courts
How is the Vatican likely to defend?
•
Look at Sovereign Immunity
o
Exceptions

Commercial 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 law

Waived its immunity → explicitly or by implication
Lecture 2.2
Product/Service/Operations/Environmental Legal Risk Management
•
Understand basic legal concepts for determining fault and liability
1*
Understand the relationships between tort and contract law concepts and administrative agency
health, safety and environmental regulations
2*
Understand liability for independent contractors versus employees and agents
3*
Apply the legal critical thinking analytical process
Ch. 12: Reviewing Torts case & pr. 12-5, 9 & 11; Ch. 19, pgs. (496-499) & Answer the
“Reviewing Agency” case questions.