Abstract This paper outlines the American civillitigationprocess from filing a complaint to the ending trial process. It defines civillitigation and briefly examines its purpose and scope. The paper also discusses how to initiate the civil action process and how to continue with it. A case study that examines the process of civillitigation between two parties is then presented.
Table of Contents:
Purpose and Scope
Commencement of action
Service of Other Processes Pleadings
Motions and Orders
Depositions and Discovery
Trial
Judge for Yourself Case Scenarios
Case 1, Part (a)
Case 1, Part (b)
Case 1, Part (c)
Case 2, Part (a)
Case 2, Part (b)
Case 3, Part (a)
Case 3, Part (b)
Case 3, Part (c)
Case 3, Part (d)
Case 4, Part (a)
Case 4, Part (b)
Case 4, Part (c)
Case 4, Part (d)
From the Paper "Filing a complaint with the court initiates the civil action process. The summons is signed by the clerk and bears the seal of the court. It identifies the court where the process started as well as the defendant. It states the name and address of the plaintiff. It also states the time when the defendant must appear and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. Upon or after filing the complaint, the plaintiff may present the summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant, and copies are issued for each defendant to be served. A summons is served with a copy of the complaint, and the plaintiff is responsible for service of a summons and complaint within 120 days or the court dismisses the complaint."
Abstract This paper explains the discrimination complaint and civillitigationprocess. The paper furthermore details how the complaint begins with the Equal Employment Opportunity Commission (EEOC) and proceeds through the civillitigationprocess from the state level up to the United States Supreme Court. The paper details and discusses each level of complaint.
Table of Contents:
Abstract
The Discrimination Complaint
Progression of Employment Discrimination Complaints
The CivilLitigationProcess Conclusion
From the Paper "The single most important U.S. legislation affecting employment law is Title VII of the Civil Rights Act of 1964 (Bennett-Alexander et al, 2003 p.1). The Equal Employment Opportunity Commission (EEOC) is the lead government agency for processing complaints associated with employment discrimination. This paper describes the process for filing a discrimination complaint and the civil litigation process."
"Under Title VII, an employer can not discriminate on the basis of religion, gender, race, color or national origin. Discrimination, as described in Title VII prohibits employers, labor and management committees and unions from discriminatory practices affecting the hiring, firing, discipline, training, classification, compensation and benefits of individuals."
Abstract The paper evaluates a discrimination incident that occurred to John, a 50 year old employee who works for Clinica Sierra Vista as a behavioral health counselor. The paper analyzes the entire discrimination complaint and civillitigationprocess as it would potentially apply to John and his employer, beginning with the EEOC and proceeding through the civillitigationprocess. The paper illustrates how the filing and settling of discriminatory complaints is a time consuming and costly process, whether it is completed just through the EEOC, or all the way to civillitigation. The paper points out, however, that such a case serves as an example to organizations that age discrimination cannot be tolerated.
From the Paper "In today's business world, organizations do their best to ensure that they are legally protected by establishing policies and procedures, ensuring that management and employees abide by them, and making sure that their human resources department assists the company in adhering to all applicable employment laws. However, no organization is perfect, and the occurrence of legal issues is more possible than it may seem. Over the years, there has been a rise in reported cases of discrimination, mostly due to awareness, education, and availability of resources and laws that allow an employee to make a claim. Age discrimination is one that has experienced a rise since the early 1990s. In the year 2000, 16,000 age discrimination lawsuits were filed with the Equal Employment Opportunity Commission (EEOC), which was an increase of 2,000 from the previous year and the highest number since 1995 (Crampton & Hodge, 2003)."
Abstract This paper describes the process of taking a discrimination law suit through the Equal Employment Opportunity Commission (E.E.O.C.), civillitigation at the state and federal levels and to the Supreme Court.
From the Paper "A discrimination complaint should first be filed with the Equal Employment Opportunity Commission (E.E.O.C.) and the employer notified that a complaint has been filed. The E.E.O.C. may handle the complaint in several different ways. A charge may be assigned for priority investigation if it appears the law has been violated, the E.E.O.C. can settle the charge at any point if the employer and employee wish to do so, the E.E.O.C. may select the charge for their mediation program to handle, the E.E.O.C. may dismiss ..."
Discusses the book, "A Civil Action" by Jonathan Harr which recounts the court case where a chemical and food company were charged with causing cancer in children.
Abstract Jonathan Harr's "A Civil Action" recounts the story of the action taken by attorney Jan Schlichtmann against the W. R. Grace chemical company and Beatrice Foods on behalf of families in Woburn, Massachusetts. The children of these families had contracted leukemia, the suit claimed, from the ingestion of chemicals, dumped illegally by subsidiaries of the two giant corporations, that entered the wells that supplied a portion of the town. The paper discusses the details of this case, including the claimed bias of the ruling Judge Skinner, the difficulty the jury had in reaching a decision and the role of the Environmental Protection Agency in the case.
From the Paper "Even had the case proceeded on equal terms for both parties, however, the problem of convincing a jury to make a considerable reward on the basis of an essentially "unprovable" connection between TCE and leukemia presented a major problem that carries over to many toxic waste cases. Epidemiological studies, which might provide sufficient evidence of connections to direct scientists' attention to problems, are under-utilized and poorly understood by many. Such studies constitute the bulk of the evidence in some cases, but they can be far too easily misrepresented by defendants which leaves plaintiffs such as the Woburn group at a loss for anything the courts and juries will accept as meeting a standard of proof--despite almost everyone's common-sense conviction that the cause and effect have been identified."
Abstract The EEOC was established by Title VII of the Civil Rights Act of 1964 and enforces federal statutes such as discrimination based on race, color, religion, sex or national origin. The civillitigationprocess starts at the state level and through a series of appeals, can move all the way to the Supreme Court level. This paper discusses the process and the steps that are followed to pursue a claim.
From the Paper "The EEOC enforces statutes based on Age Discrimination, the Equal Pay Act, Americans with Disabilities Act, and established the Civil Rights Act of 1991; which provides monetary damages in cases of intentional discrimination. Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC. After investigating the charge, the EEOC determines if there is "reasonable cause" to believe discrimination has occurred. If "reasonable cause" is found, the EEOC attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court. As part of the administrative process, the EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing the charging party to file an individual action in court without the Agency's involvement (EEOC)."
Abstract The paper examines the process which a person has to go through to file a discrimination complaint. The paper discusses the civillitigationprocess and the process that the Equal Employment opportunity Commission takes to file a complaint of behalf of a victim of employment discrimination. The paper includes as well as the alternatives to filing a lawsuit.
From the Paper "John, a private sector employee, wants to file a discrimination complaint against his employer. There are certain steps which John should take to file this action. Furthermore, the legal process which the complaint must travel through before an outcome is reached is often complex. Throughout this paper, I will explain the filing of an employment discrimination complaint as well as the civil litigation process from the state to the US Supreme Court level. Numerous employment discrimination complaints are filed each year. In a 1995 article put out by the United States General Accounting Office it states that "in fiscal year 1994, the Equal Employment Opportunity Commission (EEOC) received over 90,000 discrimination complaints from employees, almost twice the number filed in 1981 and 10 times the number in 1966" (United States, 1995)."
Abstract This paper examines civil liability in terms of use of force as it relates to police officers. The paper determines the steps that can be taken to reduce the excessive use of force and regain the trust of citizens. A comprehensive literature review that defines the issue and its consequences is included in the paper.
From the Paper "If jurisdictions want to reduce the likelihood of having to deal with a civil liability case because of excessive force, one report suggests that they hire more female officers. According to a report published by The National center for women and policing female officers are less likely to use excessive force than male officers. Harrington et al (2002) asserts, ?that only 5% of the citizen complaints for excessive force and 2% of the sustained allegations of excessive force in large agencies involve female officers. Women also account for only 6% of the dollars that are paid out in court judgments and settlements for excessive force among large agencies."
Abstract This paper shows how by exposing some of the lesser known facts regarding tort reform, the article points out how the American legal system continues to sink into the quagmire of tort law and how reform is necessary before the situation gets completely out of hand. It explains that France begins the article with perhaps the most popular litigation cases and reveals tactics used in that case and many others that claim that tort law is completely driven by money and is in need of reform to save the economy.
From the Paper "For starters, the article points out that a litigation packet is available for purchase in regards to any cases regarding Firestone and their infamous tread separation; that fact is enough to prove that the world of litigation has moved in a new direction. But it doesn"t stop there"the article revealed that such litigation packets are available for other companies such as Warner-Lambert Co. and Rezulin, which indicates the world of tort lawyers is a growing industry, one that may be spinning out of control at a t rapid pace."
This paper is a theoretical, descriptive and analytical historical review pf the major aspects of the Persian (modern Iran) influence on the Islamic civilization.
Abstract This paper explains that the Persian Empire created great civilizations before the rise of Islam. The author points out that the Persian presence within the Islamic populace influenced many core aspects of the Muslim society: the realm and formation of government, architecture, music, medicine, linguistics, literature, clothing and fashion and other areas of cultural, economical, political and social significance. The paper states that, unlike general notions perpetrated by Western civilizations, the Islamic civilization, which was a global civilization that integrated individuals of diverse ethnic backgrounds who worked together to create knowledge within the arts and sciences, was not marred with war and terrorism. The author believes that the modern view of the Persian Empire is marred with subjective criticisms and linkages between Iran and terrorism.
Table of Contents:
Introduction
Persian Culture; How is this Influence Explained: A General Overview
Figure 1: Iran's Cultural Dimensions
Scientific Contribution to Islamic Civilization: The Influence of the Persian Empire, Especially in the Field of Medicine
Figure 2: An Overview of the Persian Influence on Islamic Scientific Processes (Using an Input/Output Model)
Conclusion: State-Sponsored Terrorism and Iran
From the Paper "Fields of medicine strongly influenced by Iranian scientist include but are not limited to physiology, biochemistry, immunology, and molecular biology. There influence has been likened to changes in the understanding of medicine that took place between prehistoric times to the present, this is a rather profound statement, since "the torch of medicine was in the hands of Muslims in historical periods from ancient Athens to the Renaissance", but Iranian scientist have still managed to make remarkable progress in medicine. Scientist form the Persian sphere have had such a profound impact on Islamic medical research, that many medical scientist considered authorities in the field have evolved in the Islamic Civilization, but are Persian. Nabipour highlighted a few renowned scientists such as Rhazes (865 - 925 A.D.)who has one of the most authoritative books on smallpox and measles."
Tags: individualism, dominant, arab, processes, medicine
Abstract This paper examines the modernization of warfare that occurred during the American Civil War, a process that was centered on the kinds of weapons that were used, but also had to do with changing ideas about the nature of war as well. This paper focuses on an examination of the types of bullets used in the war by both sides because new techniques in the manufacturing of bullets was the core of the modernization of warfare.
From the Paper "The American Civil War is often referred to as the last of the old-fashioned wars in terms of its weaponry, its military strategy and its casualty rates. Looking at these same criteria, it is also arguable ? and this seems to be the more tenable position ? that it was in fact the first modern war, and this was the case primarily because of the weapons that were used, including the types of guns and the types of bullets."
Tags: weapon, war, gun, bullet, american, civil, military
Abstract The paper explains that a strict crime control focus in penal regulation could virtually ensure the complete elimination of crime in society as well as certain punishment for all violators. The paper explains further that to balance this, the due process perspective prohibits deprivation of the individual's property or liberty without established procedures or processes governing the proper exercise of police authority.
Outline:
Introduction
Balancing the Interests of Crime Control and Due Process
From the Paper "In principle, crime control and due process are two opposite philosophical perspectives about crime prevention and punishment in society. However, in practical application, each point of view contributes valuable elements to any system of justice. Without fundamental aspects of crime control, effective policing and prosecution of penal violations would be all but impossible; but without due process protections, everyone in society - both criminals and non-criminals - would be subjected to intrusive state actions with little regard for personal privacy or even the sanctity of one's home.'
Abstract This paper discusses the origin, extent and end of civil government and compares the views of Aristotle, John Locke, and Montesquieu on why we need civil government, what that civil government should be, and what that civil government does for us. The first part of the paper is very specific in describing what each philosopher thinks of the origin, extent, and end of civil government. The end examines the extent to which our Constitution was found on the political philosophies of the liberals.
From the paper:
?Nearly 2000 years elapsed between the time that Aristotle expressed his theories on political philosophy and the time that Locke and Montesquieu expressed theirs, this accounts for many of the differences in their thinking. Aristotle wrote his philosophy from an ancient point of view and when Hobbes came along during the Enlightenment, he changed political philosophy forever. Hobbes influenced both Locke and Montesquieu this is probably why they both differ so much from Aristotle. The liberals, as Locke and Montesquieu were, hold in common one fundamental premise: the freedom and equality of human beings. This is why they back away from Aristotle's emphasis on virtue. Aristotle spends much of "The Politics" discussing regime, while Locke and Montesquieu are simply more concerned with establishing some for of civil government.?
This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several Europe
2,150 words (approx. 8.6 pages), 4 sources, 2002, $ 80.95
Abstract This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several European cultures and trends. The following paper discusses the culture, influence of European colonialism, African migrants and the native Americans with respect to its development into a civilization.
Tags: ARCHITECTURE / CONTEMPORARY AND HISTORICAL STUDIES, origins american civilization
Abstract This paper examines the reasons behind the success of the Civil Rights Movement of the 1960s and its important legacies. It defines the civil rights movement and the society's turbulent quest for equality among all of its sectors. The paper describes the mood of the country for change both at the level of grass roots and in the government.
Table of Contents
Introduction
Civil Rights Movement: Background
Reasons for the Success of the Civil Rights Movement
Expanding Role of Government
Struggle for Global Leadership
Economic Prosperity
National Culture
Students
Wise Leadership
Legacies of the Movement
Conclusion
From the Paper "Although Civil Rights has a broader universal meaning, the Civil Rights Movement in the United States refers to the social, political and legal struggle to gain equal rights for the black Americans and to end racial discrimination. The movement has a history of struggle by several individuals as well as organizations dating back to the time of abolition of slavery but it gained unprecedented momentum in the 1960s. The Civil Rights Movement in the United States was instrumental in the successful passage of the Civil Rights Act, 1964 and the Voting Rights Act, 1965."
Tags: race discrimination usa untied states america equal rights black social, political legal civil rights act 1964 voting 1965
