The Classification of People or Individual on the Face of Law - Essay Example

Q1. According to Easley & Dorothy (2015) alternative dispute resolution, in other words, is known as external dispute resolution. It is where the parties that are in dispute come to a resolution without litigation process and by agreement outside the law courts. On this process, the parties will resolve the disputes without the involvement of third party. It is a very healthy process of redressing the disputes that comes with many advantages such as reducing the protraction of legal process (Easley & Dorothy 43). Additionally, the alternative dispute resolution solves the problem of expenses that comes with some of the litigators who a time overcharges the clients that are in dispute. Furthermore, alternative dispute resolution most of the time comes up with a reasonable and genuine resolution, unlike the law courts where the advocates can turn the offended into a negative side of the law. This complicates the justice that the law ought to administer. The use of alternative dispute resolution also is of advantage in that it increase control over the resolution for the parties. The relationship between the parties is preserved since the method is less adversarial. The advantages that are mentioned above are a time dependent on the type of alternative dispute resolution method that is adopted. There are several types of ADR, which include the following: mediation, the use of settlement conferences, use of neutral evaluation and arbitration. The disadvantage of using the alternative dispute resolution is that a time the resolution may take long because of non-commanding style of ADR. Additionally, the lawyers and advocates that represent clients are rendered meaningless if this style is fully adopted (Easley& Dorothy 43). Q2. Exercising article 1, section 8 clause 3 of the United States constitution, Congress has been given big latitude to regulate commerce with any foreign nations and among other of its several state. Constitution in this case confers power and legal justification for the federal governments to control the commerce of the state. The commerce regulation involves a wide range of control that includes the exchange of goods and services. However, the definitions of commerce have been very controversial one. The very constitutions that have given latitude to the Congress to regulate commerce do not explicitly define the commerce that it intends the Congress to be regulated. In its inadequacies, the constitution does not clearly describe the social intercourses between citizens of different states. Consequently, the constitution leaves a huge gap in identifying the commerce and the dividing line between the state power and those of the federal government. Wherefore, with this wide gap of the inadequacy and incompleteness of the clause, there is a legal problem in its application. In particular are the cyberspace and the federal power in regulating it while excising the commerce clause. Considering the case of American Civil Liberties Union of Michigan vs. the federal government, the association complained against the application of the commercial clause because they termed it criminalizing online communication and termed it as violation of the freedom of speech and a violation of the commercial clause that is provided in the constitution of United States of America. This is indicative of its violation when the state is trying to apply the very clause. It’s explicitly clear that the states have difficulty in regulating commerce especially when the cyberspace entity is inclusive. Q4. The equal protection clause stands against the states from denying any individual justice within the jurisdiction of the equal protection of the law. Wherefore, with the application of this clause every individual in each state must be treated in similar way provided that the individual are in same condition and situation. Putting the case of small business enterprises into the perspective of this clause, a divergent argument can arise. To understand its applicability in regard to the small business enterprises, the instances under which the law is violated need to be examined. Also, its correct applicability in different scenarios needs to be examined (Martin & McMyne 140). Firstly, the violation of this law comes when a state grants a particular individual or class of people the right to participate in an activity and denies another class of people. The classification of people or individual on the face of law is the unconstitutional part that the clause ought to protect. On this case, the small business enterprises may be denied to take part in some commercial business that others are granted. Given that it is similar condition and situation, the equal protection clause is under the violation. On the other hand, the classification may be legitimate depending on the judgment of the Supreme Court. It should be noted that the law or clause does not intend to bring equality to the members of the state or the small business enterprises and other mega business. The clause is intended for equal applicability of the law. Therefore, the law is not very relevant not at least there is discrimination in its applicability. It is until the small business enterprises are discriminated against the law (Martin & McMyne, 2015 p.133). Q5. In the civil litigation process, there are set rules and procedure that act as a yardstick in the entire litigation process. The rules and procedures are meant to enhance the uniformity in the applicability of the law and enhance convenience of discharging justice without delaying or expediting another case (Easley& Dorothy, 2015 p42). Some of the cases are termed as emergency and hence the procedure is not strictly followed in the other cases. So, the procedure assist in queuing the cases and help in the investigation as the litigation process is being waited. The procedure that is followed in the federal courts is as follow. First and foremost is that the plaintiff files a complaint in the law court that is with the clerk. This will be examined for the completeness and ensure that no crucial part is left unfilled. Then the personal jurisdiction is obtained over the defendant this is usually done through the service of process. After this step, the parties, that is the plaintiff and the defendants, meet and agree with one another to look unto the possibility of resolving the case outside the court and preparing for the plan and way forward of disclosure. Then the defendant needs to file motion question and the answers. The disclosure of documents and the discovery process is taken forward. The court now may begin to hold the final pre-trial conferences and conduct a trial where the judgment may be issued (Easley& Dorothy 41) These steps ensure the logic in the case to be realized without compromising any possibility of the truth to be revealed. Without such logic process, some of the individuals may be vindicated illegitimately. Wherefore, it is imperative that the procedure to be followed to bring logic and organization in the ligation process. Work Cited Easley, Dorothy F. "Florida's New Jury Instructions in Contract and Business Law Cases: A Primer." Florida bar Journal 88.4 (2014): 40-44. Academic Search Premier. Web. 6 Mar. 2015. Martin, Sean W., Reed Bates, and Michael McMyne. "Are You As Guilty As The Criminal? Liability for Criminal Acts of Third Parties and Employees." FDCC Quarterly 64.2 (2015): 131-176. Business Source Premier. Web. 6 Mar. 2015. Read More