Group 6:

Unpacking Legal Concepts: ADR,

Class Actions, Case Law, Statutes,
and Regulations
Members:

Huyen Tran - 800405230

Anh Le - 800408185
Khanh Dinh - 800408274
 What is ADR?
ADR stands for "Alternative Dispute Resolution".
It refers to any method of resolving disputes
without going to court. ADR is often used in
business law, as it can be a more cost-effective
and time-efficient way to resolve disputes than
litigation. (1)
 ADR in Business Law
Some common ADR methods used in business law include:

01 Mediation: A neutral third party, called a mediator, helps the parties to communicate and negotiate a mutually
agreeable settlement.

Arbitration: A neutral third party, called an arbitrator, hears evidence from both sides and makes a binding
02 decision on the dispute.

03 Negotiation: The parties directly negotiate with each other to reach a settlement.

Neutral evaluation: A neutral third party provides the parties with an assessment of the strengths and
04 weaknesses of their cases. This can help the parties to make informed decisions about whether to settle or
go to court.
 Confidentiality: ADR
Cost-effectiveness: ADR proceedings are typically
methods are typically less confidential, which can be
expensive than traditional important for businesses that
litigation. want to protect their privacy.
Benefits
of
ADR
Flexibility: ADR methods are more
Timeliness: ADR methods can flexible than traditional litigation,
resolve disputes much faster than and the parties can tailor the process
traditional litigation. to their specific needs.

Preservation of relationships: ADR can

help businesses to preserve their
relationships, even if they are unable to
resolve their dispute amicably.

→ It is a good practice to understand and consider ADR in business law, but ADR is not always
the best option for every business dispute. However, it is important to understand and consider
ADR as an option before resorting to litigation.
 Here are some specific examples of how ADR can be useful in business:

• Contract disputes: ADR can be used to resolve disputes over contracts, such
as disagreements about the terms of a contract, breach of contract, or
payment disputes.
• Employment disputes: ADR can also be used to resolve employment
disputes, such as wrongful termination, discrimination, or harassment
claims.
• Intellectual property disputes: ADR can be used to resolve intellectual
property disputes, such as copyright infringement, trademark infringement,
or patent infringement.
• Product liability disputes: ADR can also be used to resolve product liability
disputes, such as claims for injuries or damages caused by defective
products.
 Class Action Lawsuit
Definition
Lawsuit: A legal action started by a plaintiff against a defendant
based on a complaint that the defendant failed to perform a legal
duty, resulting in harm to the plaintiff.
Class Action Lawsuit: A type of lawsuit where one of the parties is
a group of people who are represented collectively by a member or
members of that group.(2)
 Involving in Class Action Lawsuit
1.Class Representative: The individual who initiates the
class action lawsuit on behalf of the entire class.
2.Class Members: The individuals who share common
issues or claims with the class representative and are
affected by the alleged wrongdoing.
3.Defendants: The individuals or companies,... being sued
in the class action lawsuit.
4.Attorneys: Typically pursued by attorneys who specialize
in this area of law.
5.The Court: The court system, including judges and clerks.
6.Experts and Witnesses: In some cases.
7.Settlement Administrators: In some cases.
 Purpose of Class Action
Lawsuit

Class actions seek to rectify damages incurred by the

individuals in a class-action lawsuit, usually through
monetary gain. (3)
Streamlines the legal process, provides access to justice for
those who may not have the resources for individual
lawsuits, and ensures consistent treatment of common
claims.
Class actions are a vital tool for holding wrongdoers
accountable, deterring misconduct, and securing
compensation for a large number of affected individuals.
Volkswagen Diesel Emissions Scandal (2016)

A case study of Class Action

Lawsuit:
Volkswagen faced a class action lawsuit
after admitting to cheating on emissions
tests in millions of its diesel vehicles.
The lawsuit resulted in a $14.7 billion
settlement to compensate vehicle
owners and address the environmental
impact.
 What is case law?
Is the law that is based on judicial decisions rather than law
based on constitutions, statutes, or regulations.
Case law concerns unique disputes resolved by courts using the
concrete facts of a case. By contrast, statutes and regulations
are written abstractly. (4)
Courts interpret laws written by legislative branches, including
senators and representatives, and test them to determine if a bill
is constitutional after being signed into law.
Case law ensures consistency throughout the legal system, and
it’s the reason why U.S. Supreme Court cases are given such
great attention. (5)
 The law of thinking plays an important role in:

1.Shaping how the law . is applied: It determines how the law is applied and understood for specific
cases. Instead of relying solely on the text of the law, courts often look to similar decisions made in
the past to apply to the current case.
2. Create Consistency and Relevance: Legal thinking helps create consistency and relevance in the
legal system by building on previous decisions and applying them to new situations. This helps
ensure that the law is applied consistently across the legal system.

3. Guidance on project construction and legal experts: Legal thinking often governs how
construction must consider and apply legal rules. It provides in-depth construction and solution
guidance on how to understand and apply the law in specific cases.
4. Promotes predictability and reliability: Mental legal decisions create predictability and reliability
in resolving legal disputes. The party involved in the dispute can predict the outcome based on
previous decisions.
 Law made by statute
Statute Law is the law made by Parliament. It is introduced in a Bill and, if passed, becomes
an Act.

Important points of legislation enacted by parliament include:

1.General principles and rules: This law often includes general principles and rules on how to handle legal issues in
society. These can include criminal law, civil law, employment law, and many other areas.

2. Legislation: Prohibited legislation made by parliament through legislation. Normally, the parliament will pass a
bill (or draft law) and then it will need to be signed by the head of state (usually the President or President). Once
signed, the bill becomes law.

3.General effect: Laws enacted by parliament have nationwide effect and apply to all citizens and entities, except
in cases where there is a separate provision. They are the primary source of legal norms.
How most law are made?
Most laws are made through a legislative process that
involves the following general steps:
• Bill Introduction

• Committee Review

• Debate and Voting

• Passage

• Conference Committee (if applicable)

• Executive Approval (if applicable)

• Publication

• Effective Date

• Enforcement
 How are regulations different from law?
Law
• Enacted by the legislature, broad in
scope, has the highest legal authority and
violations can lead to criminal
prosecution.
• Laws are often general and general
documents. They identify general
principles and rules about how to
handle legal issues, but often do not
provide specific details about how to
do so.
Regulations
• Usually created by regulatory agencies,
detailed and specific, deriving authority
from the law and violations usually result
in administrative or civil prosecution, not
criminal prosecution.
• The regulations provide specific and
detailed guidance on how to implement
and comply with the law. They specify the
regulations, procedures, requirements, and
restrictions that people and organizations
must comply with.
 Can regulations have the same effect as law?

While ADR, case law, statutes, and regulations are all essential
components of the legal system, they do not have the same effect:
• ADR is a method for resolving disputes and does not create
binding legal precedents like case law.
• Case law is based on court decisions and helps interpret and
apply the law in specific situations.
• Statutes are formal laws passed by legislatures and have the
highest legal authority.
• Regulations provide detailed rules and guidelines for
implementing statutes within specific areas and are legally
binding.
=> Each serves a distinct role within the legal system and can have
different effects and implications.
 References
(1) “What Is ADR?” NYCOURTS.GOV, ww2.nycourts.gov/ip/adr/What_Is_ADR.shtml.
Accessed 5 Nov. 2023.
(2) Legal terms glossary. (2023). Retrieved from
https://www.justice.gov/usao/justice-101/glossary#:~:text=Participants%20(plaintiffs%20and
%20defendants)%20in%20lawsuits%20are%20called%20litigants.
(3) McCune, Wright, Arevalo (2016). "
How Many Plaintiffs Do You Need for a Class Action Lawsuit?
(4) Legal Information Institute. (n.d.). Case law. Legal Information Institute.
https://www.law.cornell.edu/wex/case_law#:~:text=Case%20law%20is%20law%20that,and
%20regulations%20are%20written%20abstractly.
(5) Canan Law. (2021, August 22). What is case law?
https://www.cananlaw.com/blog/2021/august/what-is-case-law-/
Thank
You