State Courts: The 'Long Arm'
Added on 2021-04-21
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Running head: MILESTONE 1-3 1Milestone 1-3 Name Institution Case Study 1
MILESTONE 1-3 2A: The most appropriate jurisdiction, in this case, is general jurisdiction. This is because Noveltyhas substantial systematic contacts that relate to the forum. Therefore, the court can apply thejurisdiction to the two parties. The state court has judicial power over a person who is affected bythe state. The ‘long arm’ set rules and guideline to state on how they can exercise theirconstitutional power to oversee the conduct of non- citizens (Bachar & Hensler, 2017). B: ADR is the process of settling disputes by other means other than the use of the court.Advantages: I. Expert Arbitrators- in regard to the proceedings of the court cases the judge acted as an expertspecialized in a particular area of law. The judge depends on the facts presented to her or himand the entire process is quite expensive (Kubasek, 2011). The court process may seek thewitness of the experts who may extend the length of the trial and the entire cost may beexpensive to both of the parties involved. ADR does not depend on the evidence of the expertsand the general proceedings are cheaper and quicker (Resolution, 2013).II. Adversarial- court proceedings are about winning the case not losing and they are mostlyadversarial, while ADR intention is to find an amicable solution to disputes (Blake, Browne &Sime, 2016). The use of ADR mostly allows the participation of the two parties and the solutionmay bind the two parties (Fiadjoe & Okyir, 2016).Disadvantages:I. Willingness to compromise – the application of ADR relies upon the willingness of the twoparties involved. One party like in this case Novelty may not accept that there exists a problem.The company may fail to accept that it has actually caused damage to Donald Margolin.II. Uncertainty – Although, ADR is mostly cheaper and quicker. This case may take a long timedepending on the method of dispute resolution that the two parties may apply. There is certaintyin court cases (Lee, Yiu & Cheung, 2016).C: It will be in the best interest of Funny Face to negotiate terms straight with Mr. Margolin.This negotiation will subsequently assist keep this incident away from media. It would thenpermit Funny Face to correct action of placing the PYR chemical in product that FDA neverapproved. D: The corporate officer is reliable for the criminal acts. This is because of the apparentnegligence on the part of the management.
MILESTONE 1-3 3E: The classification of the criminal act committed by Funny Face / Novelty is called Infractions.This kind of crime causes less harm and includes minor offenses and they are mostly punishableby a fine. Donald Margolin only seeks for the compensation because of the negligence of theNovelty which only causes damage to his business reputation and face (face damage). This is aminor case. Funny Face advice products to the internet that causes harm to its customers(Mikula, 2017). The company should first confirm the quality of the products so as to ensure thatall the products produced are safe for use by the general public. The error was due to negligence F: As stated above both parties knowingly and willingly arrived at the decision of putting thePYR chemical inside the aftershave and then production process was to follow. Chris, FunnyFace, Novelty, matt, and Ian should all be accountable to cover any of the Donald Margolindepend in this case. This is because they all come into agreement of making the products.G: The ethical decision-making process under WPH (Whom, Purpose, How) guidelines consistof three major elements. An important set of ethical rules needs recognition that the topmanagerial decision must satisfy the following key criteria: The decisions affect specific groupsof stakeholder in the processes of the firm (Meyerson, 2015). The appropriate question is,therefore, whom this would touch directly. The decisions are established in order to achieve aparticular purpose. Business decisions are directed toward achieving an ethical end. Thedecisions should satisfy the standards of action which focused on business behavior (Ware,2016). Managers must put in place set guideline and rules for how to come up with ethical decisions.The WPH method of decision-making process had made me come up with the conclusion ofmany ethical issues in this case study. Whom; the decision only affects those who consume theproducts. Therefore, it was unethical putting the PYR chemical into the goods offered by thecompany (product). Purpose; the purpose was to reduce the cost associated with the productionprocess, which led to the production of a harmful product by the company (Ray, Kennedy,Herring & Essary, 2015).Case Study 2A. Different elements must exist for the purpose of proving the existence of a validcontract between the chain store and Sam. The major four elements that are significant to a
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