Explain the benefits and risks of e-commerce.

For this assignment, the class will be divided into three groups. Group A will prepare individual briefs for the plaintiff. Group B will file individual briefs for the defendant. Group C will act as the judges and prepare a final ruling. This is an individual assignment, and you and your classmates will be working in common areas and not in teams or groups.

To provide for more uniformity in the case briefs, consider the following format for your case briefs:

  1. Parties: Identify your party, plaintiff or defendant.
  2. Facts: Discuss the facts of the case from your client’s perspective.
  3. Issue 1: List the first cause of action.
  4. Arguments: Provide legal arguments for your party.
  5. Issue 2: List the second cause of action.
  6. Arguments: Provide legal arguments for your party.
  7. Conclusions: Provide the desired outcome of the case for your client and any remedies your client seeks.

The case may have more than two arguments.

Case: Carson Jones (Plaintiff) vs. Italian Cruise Ships (Defendant)

Plaintiff Carson Jones brings this action against Italian Cruise Ships “ICS” for personal injuries sustained while he was vacationing aboard the Italian Princess.

This case arises out of an accident that occurred on June 15, 2006, when the small boat ferrying passengers from the ship to the port of Acapulco capsized. Mr. Jones suffered a broken arm and the loss of two toes that were severed from his right foot by a sharp object. After Mr. Jones was stabilized at the local hospital, he was flown back to the United States the next day.

Mr. Jones is a U.S. citizen, residing in California. At the time of the accident, the plaintiff was on a Caribbean cruise which sailed from Miami, Florida. Italian Cruise Ships is an Italian corporation. However, the company maintains a sales and marketing office in Miami. Internet advertising and marketing brochures contain a U.S. phone number and mailing address. The ticket purchased by Mr. Jones was issued out of the Miami office and contained the following sections:

  • Section 13: Time limits for noticing claims and filing and service of lawsuits: Any lawsuit for personal injury or negligence must be commenced not later than one (1) year after the date of the death or injury.
  • Section 14: Governing Law: The Passenger Contract is issued by Italian Cruise Ships, an Italian corporation, and shall be governed in accordance with the laws of Italy.
  • Section 15: Choice of forum/venue: The parties expressly agree that any and all disputes and matters arising under or in connection with the passenger contract or the cruise shall be litigated in and before the Italian court system.
  • Section 16: Arbitration: You and ICS agree to submit any dispute that does not arise out of the negligence or willful fault of ICS to binding arbitration. The arbitration shall be conducted by the International Chamber of Commerce in the venue specified in Section 15 above.

After returning to the United States and recovering from his injuries, Mr. Jones filed a personal injury suit in the U.S. District Court in Miami, Florida, on June 20, 2007, seeking $1,000,000 for the injuries he sustained.

Using the information learned in your reading this module and gained from additional research, you should review the case facts, identify the legal issues, and prepare arguments and defenses for your respective clients.

If you are in Group A or B, write your 2-page briefs in a Microsoft Word document . By Saturday, January 16, 2016, submit the brief to the Discussion Area.

If you are in Group A or B, review and critique at least three rulings. Through Wednesday, January 20, 2016, provide a balanced feedback, defending the ruling or your brief. Support your defense with case law, research, and other legal authority. Submit your review and critique to the Discussion Area.

All written assignments and responses should follow APA rules for attributing sources.

Note: When citing legal texts, please refer to: Introduction to basic legal citation (LII 2007 Ed.). Web site: http://www.law.cornell.edu/citation/ or open the link provided under Introduction to basic legal citation in the Heliography.

Assignment 2: Course Project Task II

Research the Dispute Process

Research the dispute process and the requirements for the country you selected in Module 1. Explain the dispute resolution methods used in that country. Analyze the risks and benefits of each type of dispute resolution. In addition, evaluate how a U.S. Company’s strategy or the company you have selected should be formulated to provide the most benefits with the least amount of risk.

Present the dispute resolution process by providing an overview of how disputes are handled and then providing specific instructions and legal requirements for your primary country you selected. If there is a preference or aversion to any type of dispute resolution, explain the type and analyze reasons behind the preference or aversion.

Evaluate how e-commerce affects your company. You can consider the following questions:

  • What are the benefits and risks of e-commerce for your company?
  • How should your company prepare for the risks?
  • Which departments are affected by e-commerce?
  • What information will be important for employees to know when conducting international transactions by e-commerce?

Write a 2 pages paper showing your research on alternative dispute resolution and e-commerce. Include links, references, and sources you have used and follow the proper guidelines for citing legal texts. Also provide a statement regarding which specific topics related to your research would be appropriate for inclusion in the International Business Law and Practices Guidelines document you are developing. Provide a rationale for your decisions.

Present your work in Microsoft Word document format. Submit it to theby Wednesday, January 20, 2016.

Note: With the increased ability and popularity of conducting business electronically, you may find that it affects topics covered in subsequent modules. Consider adding an e-commerce component to each segment of your final guidelines to demonstrate its impact on various transactions as it applies to that topic. Make note of any pending regulations or laws that could affect your company in the future.

At this time, it is acceptable if your information is more technical and not organized in the way you will ultimately present it finally. You will have time to move pieces around and to get better ideas of how you want to arrange the information over the course of your module-wise research.

Don’t forget your audience. Not only does this project contain guidelines for use by the company, but it can also be a teaching tool. Even though each section may not apply to each employee, each topic should contain a short summary of the topic so that employees will have some knowledge of the issue even if it does not apply to them.

The information from your module-wise research should be distilled into usable material for your guidelines. In Module 8, you will create a bibliography from the sources you use in each module and submitting it with your guidelines.

All written assignments and responses should follow APA rules for attributing sources.

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