PACS202 Lecture Notes - Inherent Jurisdiction
4 Sep 2013
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Document Summary
Have a right to ask for a judge to make a legal decision. Rules set by the disputants themselves: case controlled by agreement of disputants. Shows up in labour management and business disputes. Public adjudication - legal system: rules set by society legislator, case controlled by the system . Contract would say that there will be no appeal from an arbitration decision: based on objective standards. Erin brockovich: the case alleged contamination of drinking water with exavalentchromium, also known as chromium(vi), in the southern california town of hinkley. At the center of the case is a facility called the hinkley compressor station, part of a natural gas pipeline connecting to the san francisco bay area constructed in 1952. Arbitration factors / benefits: disputants control process, better chance to preserve commercial relationships, usually faster, cheaper, more efficient, binding decision with less hassle, private not a public forum, each case decided on own merits, can employ expert arbitrator(s)
