The Legal System and Adr Analysis
Autor: Suziq520 • April 16, 2015 • Research Paper • 700 Words (3 Pages) • 1,504 Views
The Legal System and ADR Analysis
LAW531
July 17, 2014
Thom Cope
The Legal System and ADR Analysis
To: QuickBooks Legal Council
From:
Date: 7/17/2014
Re: Software product liability claim
The current software liability claim falling under the jurisdiction of Arizona court system exceeded the $10.000.00 limit for jurisdiction by consolidated Justice Court. The case if filled in court must be filled with in the Arizona Superior Court.
Prior to the filing of any action by either party the option of a settlement that may include financial consideration and possibly a settlement agreement is most likely the best option. A settlement would involve the lowest cost provided the parties could reach an agreement on a resolution. This option may also include an NDA or nondisclosure agreement, which could limit future exposure to future claims. It is advisable to explore the option of mediation which would allow the parties to come to a resolution with or without attorneys that would be mutually agreeable. This may take place in a meeting with the parties or a series of meetings and may include a professional mediator. A mediator will have an expense but would help guide the process. This option would also allow for settlement without public record of civil complaint.
In the event that a civil complaint is filed we will have 60 days to respond to complaint once it is served ("Westlawnext", 2014). This is in compliance with Rule 4 of Arizona Rule of Civil Procedure. Should we not respond with in the required time we may be subject to a default judgment. If we decide to oppose a case in court beyond a trial we would have other options of resolution available which may take place prior to or simultaneous to any trial preparation.
The first option to explore may be a resolution though a motion to dismiss. Should the claim at first glance not support the prema facia case it may be possible to conclude the case by motion to dismiss. A judge may require hearings or rule on the motion in private dismissing the complaint or allowing the case to go forward.
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