Law Homework Help

Respond to each classmate 100 words a piece

The question they had to answer. (Discuss the importance of one’s ability to settle a dispute (both criminal and civil) in a formal court setting. Also, discuss the importance and requirementsof the “shopkeeper’s privilege” to a business.)

Classmate 1 

When disputes arise, the objective is to settle these disputes. The parties may decide to take an alternative approach to settle outside of court.  However, if these options fail or are just not reasonable, it is important that parties are able to settle disputes, rather criminal or civil, in a formal court setting. If this were not a formal option, the world would be in haywire of people constantly trying to get revenge or “payback” if they have been wronged. This is the importance of having formal processes in place to settle disputes.

Also of note is the term of “shopkeepers’ privilege”. This is often seen in cases of shoplifting. Should a security guard or shopkeeper at “the shop” or a store believe that a customer is shoplifting, they may choose to retain that customer until their investigation is complete. That customer may claim false imprisonment. False imprisonment is “the detention of a person for any period of time(even a few minutes) against his will. No physical harm need result: the imprisoned party can collect minimal damages simply for being imprisoned without consent (Jennings, 2017, p.311). However, false imprisonment carries a defense of shopkeepers privilege. This privilege allows for detaining of the suspected shoplifter for a reasonable time until the investigation is complete. This saves companies from litigation should a customer claim false imprisonment for being held against their will on reason to believe they were shoplifting. Without this privilege in place, customers would be able to simply walk in stores and walk out with items because they know no one would be able to stop them; and by the time the police arrived, the shoplifter would be long gone with the items.

Classmate 2 

The importance of dispute is when both parties are able to resolve and come to a resolution. In many cases disputes are able to be resolved by ADR, negotiation, mediation, arbitration, or other legal way to settle disputes. If litigation is pursued, the court and legal system give a trial. The trial must abide by the laws of the U.S. Constitution, which must be a fair trail given. If one is accused and litigation must be presented to help reach a solution. The court can rule out the litigation if the litigation found in the case is not sufficient. Most disputes can be settled by both parties before a trail begins. This is usually the way you would typically want to handle a dispute so that it doesn’t have to go to court. 

The “shopkeeper’s privilege” is defense to a civil wrong that causes damages that can’t be recoverable. “According to Jennings (2020), shopkeeper’s privilege is defense to torts for wronged accusations such as invasion of privacy, false accusations for merchants who believes shoppers took merchandise without paying. The shopkeeper may hold a suspected shoplifter for investigation to determine if there is any findings. For example, a shopkeeper’s privilege can protect the company from liability. If the workers has a reasonable basis for believing that shoplifting has taken place, they can detain the suspect for investigation and be covered.