Overview of Business Law - Assignment

Running header: BUSINESS LAW
Business Law
Student’s Name
Institutional Affiliation

BUSINESS LAW
Question A
An appropriate court for a particular lawsuit depends on three major factors
including personal jurisdiction, subject matter jurisdiction and minimum contacts
(Clarkson et al., 2010). These factors are to be considered in evaluating the most
appropriate court for solving the dispute between the Margolin Empire Inc. against
Novelty Now and Funny Face.
Personal jurisdiction refers to a court’s authority to make verdicts and rulings
that may affect a person’s legal rights. In the scenario at hand, a court chosen as
the most appropriate should be in a position to impose a fair and just ruling on the
subject matter. On the other hand, subject matter jurisdiction can be defined as a
court’s legal authority to hear and make a ruling on a certain matter. Subject matter
jurisdiction may be in three major forms namely; state, federal and concurrent
systems. Lastly, minimum contacts refer to a situation where it is appropriate to
impose personal jurisdiction over a defendant from another state by a court in one
state as per the U.S Civil Procedure Law, the court will seek to determine whether
the minimum contacts have been met by Chris through his directives. This dispute
should thus be settled in a state or federal jurisdiction (Kubasek, 2018).
Question B
Alternative dispute resolution (ADR) refers to any form of methodology used
is settling disputes between parties outside a courtroom. ADR may be can be in the
form of mediation, reconciliation, arbitration, community programs and social
programs. In ADR, it takes less time and as a result may be convenient for the
parties as costs in terms of cash and time are minimized as opposed to a court
proceeding. Its flexibility makes it possible for the parties to go for the most
convenient rules and terms to apply in their dispute-solving process (Mandal, 2010).
Conversely, there are some disadvantages of ADR more so arbitration where
an arbitrator may demand higher pays especially where the dispute involves
money. This also applies in mediation. Secondly, the openness of some forms of
ADR such as arbitration and mediation means that some principles meant to
cushion parties from risks are left out unlike in a court of law. In any way, assuming
that the parties involved in the case at hand opt for an ADR then they should be