Commercial arbitration all other forms of arbitration o Mediation voluntary and

Commercial arbitration all other forms of arbitration

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Commercial arbitration – all other forms of arbitrationoMediation – voluntary and created and controlled by parties; mediator chosen by disputers to help them find solution; no outcome is imposed on parties; mostly to facilitate resolution of disputesoSummary Jury Trial – can only be used after lawsuit has been filed; usually cases unlikely to be settled by parties through normal negotiations or will require substantial trial time; like trial by jury except jury decision nonbinding oMinitrial – used almost exclusively in disputes between corporations; present evidence and arguments to panel of neutral advisor and high-ranking executives from each company; company reps. negotiate after presentationChapter 4: Common and Statutory LawCommon law = not codified vs. Civil law (Louisiana) = all codifiedoDoctrine of stare decisis – inclination of courts to follow precedentStatutory = law passed by legislatureoState vs. federal statutesState: problem of uniformity; solution: UCCChapter 5: Constitutional LawCommerce clause – allows federal gov’t to regulate trade between U.S. and foreign countries; to create common market in U.S.; also allows regulation of interstate trade and trade that has “any appreciable effect” on interstate or foreign commerceFederal preemption – particular power is exclusively federaloExpress preemption – states have no power to adopt laws similar to federal laws because of Supremacy Clause of ConstitutionoImplied preemption – Congress chosen to regulate activity but does not specify whether states do or do not have power to pass related lawsMust be shown that federal regulation is relatively comprehensive - court must be convinced that Congress attempted to impose a fairly complete regulatory structure on this type of activityMust be shown that there is a very strong need for a uniform national regulatory policy in his area so that individual state laws of this type are likely to interfere with the objectives of the federal regulatory effortoIn U.S. there is presumption against preemptionFull faith and credit clause – courts of one state must recognize court judgments and other public actions of its sister statesProtecting Basic Rights
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o14thAmendment – due process; makes everything in Constitution applicable to state and local governmentsDoctrine of incorporation – concept of due process includes many other basic rightsoNote: Constitution does not prohibit private actions (companies) but state or federal statute mightoPrivileges and immunitiesProhibit states from discriminating against residents of other states because of their residencyoFreedom of religionEstablishment clause – prohibits gov’t from establishing state religion, financially supporting religion, becoming actively involved in religion, or favoring one religion over anotherFree Exercise clause – guarantees all persons the right of religious belief and
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