Đề 1:

I. Determine whether each statement below is TRUE or FALSE and explain (5 marks)

1. Private law refers to the rights and obligations of governments as they deal with the nation's citizens.

=>False. Private law refers to the legal rules and regulations that govern the interactions between
private individuals and organizations. It covers areas such as contracts, property, and torts. Public law,
on the other hand, deals with the relationships between the state and its citizens, including
constitutional, administrative, and criminal law.

2. One of a mediator's responsibilities is to make decisions about which opposing party is legally correct.

=> False. A mediator's role is to facilitate communication and negotiation between opposing parties in
an attempt to reach a mutually acceptable resolution. A mediator does not have the authority to make
legal decisions or rulings, nor to determine which party is legally correct.

3. A newspaper falsely accuses a private citizen of being an alcoholic. The plaintiff sues and wins money
damages to compensate for her injured reputation. This is a tort case claim.

=> True. Defamation is a tort, which refers to a wrongful act that causes harm or injury to another
person. In this case, the plaintiff was wrongfully accused of being an alcoholic, which injured her
reputation. As a result, she sued and won money damages to compensate for her loss.

4. Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously
injuring Caroline. In this case, Caroline and the state could start separate criminal cases against Keith.

=> True. This case involves both civil and criminal liability. Caroline could file a civil lawsuit against Keith
seeking compensation for her injuries, while the state could also file criminal charges against Keith for
driving while intoxicated and causing the accident.

5. The owner of the sole proprietorship is responsible for all of the business's debts.

=> True. In a sole proprietorship, the owner has unlimited personal liability for all of the business's debts
and obligations. This means that the owner's personal assets could be used to satisfy any outstanding
debts or legal judgments against the business.
II. Question (2.5 marks)

Mediation has become a well-respected method of conflict resolution which is often seen as a way to
lower the burden on the courts by having parties resolve issues with the help of a mediator rather than
further clogging the judicial system. Analyze the characteristics of mediation to clarify that mediation is
an effective method to resolve conflicts in business.

Ans:

Mediation is a cooperative and voluntary process which entails resolving a dispute with the guidance of
an impartial third party. Mediation has unique characteristics that make it an effective method to
resolve conflicts in business. These are:

- Voluntary participation: One of the key factors that make mediation an effective method for
resolving conflicts in business is that the participation of both parties is purely voluntary. This
means that both parties have agreed to come to the table to try and find a solution amicably,
which in turn makes it more likely for them to be invested in the process.
- Confidentiality: Another characteristic that makes mediation an attractive option for businesses
is confidentiality. Information shared during the mediation process is confidential, which means
it cannot be used in any court proceedings unless the parties agree otherwise. This provides a
safe space for parties to speak candidly about the issues at hand.
- Expertise of mediator: Mediators are trained in the art of dispute resolution and are well-versed
in the techniques required to help parties move towards a mutually beneficial resolution. The
mediators bring their expertise, neutrality, and communication skills to create an environment
that is conducive to resolving conflicts.
- Expediency: Unlike court proceedings which can be time-consuming and expensive, mediation is
relatively fast and cost-effective. Mediation sessions are scheduled at the convenience of the
parties and can often be completed in a single session. This expediency allows parties to return
to their respective businesses without losing much time.
- Creative solutions: Mediation is often about finding creative solutions that allow both parties to
walk away feeling like they’ve gained something. This is in contrast to traditional litigation where
a winner and a loser are often declared. Mediation helps parties identify interests, needs, and
concerns underlying the dispute and works towards finding solutions that address those
underlying aspects.

In conclusion, mediation is an attractive option for businesses due to its voluntary nature,
confidentiality, mediator expertise, expediency, and the ability to find creative solutions. These unique
characteristics make it an effective method to resolve conflicts in business.
III. Case (2.5 marks)

A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy
interstate highway because of a defective alternator, which caused a complete failure of the truck's
electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck
approached the GMC truck, and immediately behind the panel truck, Davis was driving a Volkswagen
fastback. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck
swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him. Davis'
widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis, (2) no factual
causation, and (3) no foreseeable harm. Comment. Hints:

1. Whether GMC owed a duty of due care to Davis.

2. Whether GMC's production of a truck with a faulty alternator was the cause of the ultimate harm to
Davis.

3. Whether GMC could have foreseen the type of harm that occurred to Davis

Ans:

1.The question of whether General Motors Corp. (GMC) owed a duty of due care to Davis depends on
whether or not Davis was a foreseeable victim of the defective alternator. Courts have held that a
manufacturer has a duty to protect foreseeable victims of a defective product from harm. In this case, it
could be argued that Davis was a foreseeable victim, as he was traveling on a busy interstate highway
where other drivers could be affected by the stalled GMC truck. Therefore, GMC owed a duty of due
care to Davis.

2.Regarding the issue of factual causation, Davis' widow would need to show that GMC's production of a
truck with a faulty alternator was the cause of the ultimate harm to Davis. The issue is whether the
defective alternator caused the complete failure of the GMC truck's electrical system, which in turn
caused the truck to stall and created a hazardous condition that led to the accident. If the widow can
show that the defective alternator was the cause of the GMC truck's failure, and that the failure was a
direct cause of the accident, then there is a strong argument for factual causation.

3.Finally, whether GMC could have foreseen the type of harm that occurred to Davis depends on
whether a reasonable person in GMC's position would have anticipated that a driver on a busy interstate
could be harmed by a stalled truck with no working electrical system. It could be argued that a
reasonable person could foresee that a stalled truck could cause an accident, and that, therefore, the
harm suffered by Davis was foreseeable.

=>In conclusion, the key issues in this case are whether GMC owed a duty of due care to Davis, whether
there is factual causation, and whether GMC could have foreseen the type of harm that occurred to
Davis. If the widow can prove each of these issues, she may be able to successfully sue GMC for
damages resulting from Davis' death.
I. Determine whether each statement below is TRUE or FALSE and explain (5 marks)

1. Substantive law establishes the processes for settling disputes.

=> False. Substantive law defines the rights, duties, and obligations of individuals and entities in
society. It creates, defines, and regulates legal relationships, and does not establish the processes
for settling disputes. Procedural law, on the other hand, establishes the rules and processes for
settling disputes in court.

2. ADR has been used to refer to Another Dispute Resolution.

=> False. ADR refers to Alternative Dispute Resolution, which is a range of methods for
resolving disputes outside of traditional court litigation, such as mediation, arbitration,
negotiation, and collaborative law.

3. Leo steals Kelly's car. The government prosecutes Leo for grand theft, and the judge sentences
him to two years in prison. Kelly gets nothing. This is a tort case claim.

=>False. This is not a tort case claim. Tort law deals with civil wrongs that cause harm or injury
to another person or their property, and provides compensation to the injured party. In the given
scenario, Kelly's car was stolen, which is a criminal offense rather than a tort. The government's
prosecution of Leo is a criminal case, not a tort case

4. Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident,
seriously injuring Caroline. In this case, Caroline could sue Keith and the state could prosecute
Keith for drunk driving.

=>True. Caroline could sue Keith for negligence and seek compensation for her injuries. The
state could also prosecute Keith for drunk driving, which is a criminal offense.

5. Members of limited liability company (LLC) are not personally liable for the debts of the
company and they risk only their investment, as if they were shareholders.

=>True. Members of a limited liability company (LLC) are not personally liable for the debts of
the company beyond their investment in the company, as long as they do not engage in
fraudulent or illegal activities. This is one of the advantages of forming an LLC, as it provides
personal liability protection to its members.
II. Question 2: Litigation is the process of taking a dispute to a court for its judgment if parties
cannot agree about the fair and proper outcome of a dispute. Analyze the characteristics of
litigation to clarify the advantages and disadvantages of this dispute resolution method.

Ans:

Litigation is a dispute resolution method that involves taking a dispute to court for judgment.
While litigation has some advantages, there are also disadvantages associated with this method,
which are outlined below:

 Advantages of Litigation:

Formal and Structured Process: Litigation provides a clear and structured process for resolving
disputes. There are specific procedures and rules to be followed which provide a clear roadmap
towards a resolution.

Final and Binding: A judgment by the court is final and binding for both parties. There is no
need for further negotiation or mediation, as the decision is legally enforceable.

Access to Experienced Professionals: Litigation is a complex process that requires a high degree
of legal expertise. By going to court, parties have access to experienced professionals, such as
judges and lawyers, who can provide impartial and expert guidance in resolving the dispute.

 Disadvantages of Litigation:

Time-Consuming and Expensive: Litigation is often a long and expensive process, involving
multiple hearings, motions, and appeals. This can cause delays and add to the cost of resolving
the dispute.

Publicity: Litigation is a public process, which means that all the details of the dispute become
public record. This can be disadvantageous, especially if parties wish to keep the details of the
dispute private.
Adversarial Nature: Litigation is inherently adversarial, with each party seeking to win the case.
This can create an atmosphere of conflict and hostility, which can make it difficult for parties to
work together in the future, even if they ultimately reach a settlement.

Limited Scope for Creativity: The formal nature of litigation can also limit the scope for
creativity and compromise. Parties are often limited to the legal remedies available, which may
not fully address all aspects of the dispute.

In conclusion, while litigation provides a formal and structured process for resolving disputes
and access to experienced professionals, its disadvantages include being time-consuming,
expensive, public, adversarial, and limiting the scope for creativity. Therefore, it is important for
parties to consider all the advantages and disadvantages of litigation before deciding whether to
pursue this method of dispute resolution.

III. Case (2.5 marks)

Evans built a house for Sandra Dyer, but the house had some problems. The garage ceiling was
too low. Load-bearing beams in the "great room" cracked and appeared to be steadily weakening.
The patio did not drain properly. Pipes froze. Evans wanted the money promised for the job, but
Dyer refused to pay. Comment.

Ans:

The situation described in this scenario highlights the issue of breach of contract. Evans built a
house for Sandra Dyer, but the house had some problems, and Dyer refused to pay for the job. In
order to resolve this dispute, there are several possible options available:

- Negotiation: The first step would be for Evans and Dyer to sit down and discuss the
issues with the house. They could try negotiating a mutually acceptable solution that
satisfies both parties without having to go to court. For example, Dyer could agree to pay
a reduced amount in exchange for Evans fixing the problems.
- Mediation: If negotiation is unsuccessful, the parties could try mediation, which is a non-
binding process in which a neutral third party helps facilitate discussions between the
parties to reach a resolution.
- Arbitration: Another option is arbitration, which is a more formal process in which a
neutral third party listens to both sides and makes a binding decision to settle the dispute.
- Lawsuit: If negotiation, mediation, or arbitration fails, the last option would be to file a
lawsuit. Evans could sue Dyer for breach of contract and seek the money promised for
the job. However, this option could be time-consuming and expensive, and there is no
guarantee of a favorable outcome.

In conclusion, Evans and Dyer should try to negotiate a mutually acceptable solution to resolve
the dispute. If they are unable to reach an agreement, they could consider mediation or
arbitration. If all else fails, Evans may file a lawsuit for breach of contract, although this should
be considered a last resort.