Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim. The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …
Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
Many ideas in the world are expressed as binaries—good and bad, black and white, truth and lie. Yet many concepts expressed in binaries often have a variety of options in the middle, creating a spectrum. Learning to be comfortable with the spectrum is an important part of development; however, in certain situations, people will hold …
The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …
Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Implied contracts are actions or behaviors on the part of the parties that demonstrate an agreement between the parties, even if it is not spoken. These contracts are compared to express …
Resolving employment discrimination claims through the EEOC is often a headache for all of the parties involved, meaning that both the employee and the employer will benefit from having the EEOC mediation process explained. The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations are called claims. During this investigation …
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state. While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
The web of American environmental laws: Though he is usually remembered for other things, Richard Nixon was in some ways our most environmentally friendly president. Most observers mark the September 1962 publication of marine biologist Rachel Carson’s Silent Spring (warning about the environmental damage done by synthetic pesticides like DDT) as the beginning of the …
When bringing a lawsuit, the parties may need the term locus standi clarified. The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept. Yet having locus standi is the foundation of bringing …
