Compare and contrast the following aspects of the civil and criminal classifications of law as they relate to the two cases against Aunt Bee: (4 points each)
A. Concerns;
The civil law is concerned with Floyd’s private rights and remedies for the costly damage to his business. Conversely, criminal law is concerned with public rights and remedies, that is, for wrongs committed by Aunt Bee against the public or the whole community in Mayberry.
B. Captions;
In a civil case, Mr. Floyd is the plaintiff who claims to have been suffered by the wrongful conduct of Aunt Bee who is the defendant. The case will be opened in the court document with the caption FLOYD V. AUNT BEE. In criminal law, the District Attorney is representing the state government…show more content… Unlike a court setting where one party is often to lose, both parties could get something out of alternative dispute resolution arrangement. The availability of creative remedies and the opportunity to agree on anything in between would be an incentive for Archie and Edith to pursue ADR.
4. Judges and juries are unknown in a typical court setting. In addition, the outcome of a trial could be unfavorable and they may even lose the case, despite excellent case preparation and plausible cases. They will have an opportunity to select their mediators and arbitrators in the ADR setting that reduce the uncertainty and increase the chances that the case is reviewed with prudent deliberation.
C. If Archie and Edith file a lawsuit against the carpet retailer and installer (because the parties were not interested in ADR or ADR was unsuccessful), identify and briefly describe four discovery tools available to Archie and Edith during the discovery stage of the lawsuit. (8 points)
Before the trial, Archie and Edith would undergo the process of mutual disclosure of all relevant documents and other evidence. The following are four discovery tools available to them to obtain facts and information from the carpet retailer, installers as well as from their witnesses to prepare for
