Quiz 2: Traditional and Online Dispute Resolution
Facts: Companies face many problems to keep its Electronic Evidence intact. A large volume of data is generated on a daily basis in the companies. Keeping track of the useful data and preserving the same simultaneously, is a great ordeal. A Courts has an authority to impose sanctions (like fines) on the defaulting companies. Companies have to face legal circumstances if they fail to comply with e-discovery request or to preserve the electronic evidence. Electronic Evidence: It refers to any information that is recorded in computers or any electronic device. Electronic evidence can convey important information regarding any crime committed by any employee in the company. Electronic evidence can exist in a form of a computer file, a printout, voice mail, electronic mail or video recording. They are accepted by the Courts as a valid evidence. Outcome: A Large Company can protect itself from accusations arising from intentionally failing in protecting the electronic data of the company in the following ways: 1. Companies can stop automatic mail detection and deletion software so that any mail cannot be deleted by any employee or any other person without prior authority. This will help in detecting irregular mail and will make the concerned person accountable. 2. Companies can keep records of all the electronic transactions of the company. Such records can be produced as evidence in case the company faces any litigation. 3. All the employees in the organization should be advised to keep track of all their electronic communication and such records can be produced as evidence upon request. Thus, above mentioned are the ways in which large corporations can save themselves against allegations of intentionally ruining the electronic evidence.
Yes , court can hear the case. A case to be a case should satisfy three requirements -Jurisdiction, venue and standing to sue. 1. Jurisdiction - To satisfy this condition a law suit must fulfil two conditions i. A case must be brought over a person, here is TOM. ii. The Subject Matter - The disagreement over amount, delivery date and the price and quantity. 2. Venue - Case can file in local state court as both parts belong to same place and dispute is of same place. 3. Standing to sue - Both have a contract as documentary evidence and both has own stand in the case.
Jurisdiction It can be defined as the power of the courts to accept the law suit against different persons. Jurisdiction is a Latin word which means the speaking of law. It also gives them power to interpret and apply the law. Judicial review is a process by which courts to keep an independent check on the other branches of the government. This power fulfills the constitution requirement if balance and check. The courts however do not get this power from the constitution but concept was followed by the courts earlier when the legislative created by the states were overturned by the state's court. .
There is no answer for this question