Question

Please help me answer these questions:

1. Many believe that there are too many lawsuits in the United States. Do you agree or disagree? Why? Discuss who should accept more blame for the problem, lawyers or individuals who go to court. Do you think there is anything that would mitigate the problem, or will there always be a large number of lawsuits?
2. If you had a dispute, would you prefer to litigate or use alternative dispute resolution? Why? If you had to use alternative dispute resolution, which form would you choose? Discuss the benefits of the method using a specific example.
3. In what situations will a court impose a strict liability standard instead of a negligence standard? Provide a real-world example of a strict liability case. Is imposing this standard fair? Explain why. As a general rule, are strict liability standards fair? Justify your stance.
4. Tracking tools provide benefits to consumers, but they also carry risks. Should Congress regulate them? If so, what should the law provide? Please justify your response by citing the topic materials.
5. Many retailers have policies that instruct employees not to attempt to stop shoplifters. Some store owners fear false imprisonment lawsuits and possible injuries to workers that exceed the losses related to the stolen merchandise. Are these policies reasonable? Explain why using a specific example. Would you put a policy in place if you owned a retail store? Why?
6. Can an individual enter into a contract without being aware of it and still be bound by its terms? Why or why not? Cite an example of a voidable contract.
7. According to contract law, when you go to a department store and purchase an item, what have you done? What if you purchase the item at a garage sale? What if you purchase the item an auction? Explain how this affects the common consumer.
8. Does the Statute of Frauds, a legal principle from the 1600s, still make sense in today's commercial world? Why or why not? Please justify your response using a specific example.

Answer 1

Answer 1:

· Yes, I agree to the given statement that there are too many lawsuits in the United States. The reason I believe so the data that was revealed by U.S. Financial Education Foundation that clearly mentions that more than 40 million lawsuits are filed annually in the United States.

· In my opinion neither the lawyers nor individuals who go to court can be blamed for this problem. Lawyers are not responsible for controlling the crime rate. As the crime rate has increased significantly in the country, the number of lawsuits has also grown over the time.

· I believe that in order to mitigate the problem more emphasis must be given on alternative dispute resolution methods. More promotion of these methods must be done. And public must be informed about alternative dispute resolution methods. Another option is to lay emphasis on reducing crime rate in the country.

Answer 2:

· If I had a dispute, I prefer to use alternative dispute resolution. The reason behind my selection is that alternative dispute resolution is faster, less costly, flexible, and depending on needs of disputing parties resolution can be determined.

· Depending on the kind of dispute I will select form of alternative dispute resolution. However, I believe that arbitration is well suited for many general disputes.

· Some of the benefits of the arbitration are highlighted as follows:

o Arbitrator can be selected based on requirement of disputing parties. For example, if disputing parties are fighting for some plagiarism issue, an arbitrator with appropriate practical experience in same filed can be selected to resolve the issue.

o It is faster method of dispute resolution. For example if parties at dispute are in hurry to resolve the matter, this method will be helpful.

o Privacy can be maintained. For example, if parties at dispute want to protect commercially sensitive information they can prefer this method.

Answer 3:

· A court can impose a strict liability standard instead of a negligence standard in three situations:

o manufacturing defects,

o abnormally dangerous or hazardous activities and

o damages caused by animals (in certain states)

· A real-world example of a strict liability case is Fletcher v. Rylands

· I believe that imposing this standard is fair because actions that risk lives or harm others or can cause injury must be taken seriously and should held under strict liability.

· As a general rule, strict liability standards are fair. They are imposed in only three situations and I believe that those situations are serious and cannot be counted under negligence.

Note: Please ask other questions separately, it is not possible to answer every question in provided time. I hope answers given above help. All the best!