Student Essay

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Traditional and Nontraditional Litigation Harold Lang LAW/531 July 2, 2012 Louise A. Kirk, Esq. Traditional and Nontraditional Litigation From Harold’s reading of Chapter 1 (Cheeseman.2010), the term law consists of rules that regulate the conduct of individuals, businesses, and other organization within society. The Constitution of the United States of America is the supreme law of the land. This translates into that any law, whether federal, state, or local – that conflicts with the U. S. Constitution is unconstitutional and unenforceable (Cheeseman.2010). Over the course of a person’s life, he or she may become a part of a lawsuit, by either suing someone else, or being sued by another person. Harold read that the normal common way of settling a legal dispute is through litigation within the court system. The alternative to litigation is alternative dispute resolution (ADR), which operates outside a traditional courtroom. Although many lawsuits are worth the effort of going to trail, the litigation process is more formal and is based upon a steadfast codes processed with a variety of procedural rules. A lawsuit, also known as litigation, is characterized such as pleadings, discovery, dismissals, pretrial judgments, settlement conference, trial, and appeals. These steps are to be followed formally within the court system as established by the Constitution. Litigation can be selected by businesses who want to establish a legal precedent to discourage similar suits. Additionally, the business may want to have access to the full range of discovery allowed by the courts. Since, litigation is handled within the court system; it relies upon the law of the land, rules and regulations, which result in a consistent decision based on law and precedents. The alternative to litigation is known as alternative dispute resolution (ADR), which operates

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