ADR advantages: less adversarial (win/win), less formal discovery, less $, less time, more control over outcome, agreements remain private.
Agency Relationship: 2 elements are required: 1) principal must consent (expressly or applied) 2) agent must be subject to the principal’s control. Agency by ratification: agent misrepresents himself as an agent or exceeds authority and the principal accepts (ratifies) it. Agency by estoppel (aka apparent authority): principals conduct creates the appearance that there is an agency (e.g business cards, letter head). Duties of principal:compensate agent for services, reimburse for expense, indemify agent for losses Fiduciary Duties of agent : performance, loyalty, obdedience, duecare, notification; test for ostensible agency/agency by estoppel: apparent agency, hospital held out as agent, reasonal reliance.
Anatomy of Jury Trial: pre-trial conference, jury selsction, opening statemtngs, plantiff case(motion for directed verdict by d), defendeatn case,(motion of directed verdict by either),rebuttal, clsoing argument,s ins. To jury, jury delibiration, verdict, entry of judgment.
Arbitration: resolution of a dispute by a neutral 3rd party. Usually binding on the parties. Process is consensual and created by a contract. Process: parties agree to submission, pre hearing phase (arbitrator selection, discovery, statements/briefs), adversarial hearing Arbitration Clause: scope, where and when arbitraiton will occur, selection of arbitrators, procedure
Attorney client privilege: communication privileged if made with attorney acting as counsel, purpose of gaining legal advice, in confidence. Documents privileged if developed under direction of attorney, in anticipation of litigation, in confidence
Appelate court: Aaffirm, reverse ,affirm part reverse part, reverse and remand to lower court
Authority: 3 kinds: actual (expressed/applied); apparent (aka ostensible): person believed the agent was authorized and ratified