is different from this. The logic does not follow, as many people buy when they believe a stock is going up and sell when going down. Also the temporal proximity of the convenient timing, and the profitability of the trades making $412,975 and then $1,393,022 is more incentive. Insider trading, jury said SEC won. How did the court rule? In Trail court the jury found for the SEC, that Ginsburg had violated Section 10b-5’s rules against insider trading. HOWEVER, the district judge filed Motion for Judgment Notwithstanding the Verdict – saying the jury got it wrong. The judge took it away from them. Stating that the evidence was insufficient to permit a reasonable jury to find that he had tipped off his brother/father. The SEC appealed, and the decision was reversed because the Appeals court stated there was not an overwhelming reason to do this. Enforcement of Judgements – The court will enforce the judgment by fining or jailing the defendant for contempt of court if the defendant fails to comply. Sometimes a party must take into account the probable collectability of a judgement Writ of execution – if party refuses to pay a valid judgment, this empowers a law enforcement official to seize defendant’s nonexempt property and sell it at auction until enough money is raised to satisfy the judgment Write of garnishment – orders a third-party holding property belonging to the defendant to deliver the property to the custody of the court. Usually a bank, stock broker, or other entity with funds. Garnishment of wages – court order for defendants’ employer to pay a specified % of defendant’s wages/salary Nonexempt assets – varies but usually are an individual’s residence Doctrine of res judicata – specifies a plaintiff cannot start over by filing another claim against the defendant based on the SAME GENERAL facts, even if there is new evidence. Reasons we have SO many lawsuits 1. We are the most heterogenous, diffuse, and open society in the world 2. We place great value on the rule of law 3. We are not a passive people who accept wrongs with fatalistic resignation 4. Attitude that the courts have authority in our system 5. Our legal profession is much better education than in most nations a. Mainly corporation against other corporations or those against / by government agencies
Alternative Dispute Resolutions Negotiated Settlement – most disputes never get to courtroom about 95% are counted as losses or have an out of court settlement. Arbitration – parties select an arbitrator, submit very brief pleadings, and present evidence and arguments to the arbitrator and they make a decision (award), that is legally enforceable. This is cheaper, faster, and less painful. o Labor arbitration – involves the resolving of disputes within the labor management context, usually when the particular group of employee3s is represented by a union o Commercial arbitration – used to describe almost all other forms of arbitration.
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