3-1 Assessment
Kevin Kyle
• Your boss at Swift Electronics is getting ready to enter
into a series of contracts with a new group of suppliers.
She is concerned with avoiding the delays and high costs
of and litigation that might result from the new
agreements. She asks you for your recommendations. You
suggest putting a binding arbitration clause in the
contracts.
Problem 1
• The relatively low cost and swiftness of the arbitration
process plus the potential for court enforcement of the
result cause it to be a wise recommendation.
Answer 1
• Don long is convicted of second degree murder fir killing
a woman he had been seeing for the past few months. The
court sentenced him to 30 years in jail. One year after the
trial, Don admits that he withheld evidence that would've
cleared him. He states he did so to protect his twin
brother, who actually committed the crime, but who was
dying of cancer at the time. He further states he didn’t
want his brother spending his last years behind bars. His
brother since died. The evidence is conclusive as to dons
innocence. Should the court set aside his conviction due
to the new evidence? What polices would support the
court in not doing so.
Question 2
• The court may or may not set aside the conviction.
Although the withholding of evidence was for a good
cause, it also wasted the courts time and resulted in the
expenditure of resources that could have been better
applied to other cases. Courts in the past have refused to
act as long requests. Courts are especially suspicious of
confession by other prisoners to the same crime. Courts
also do not like to change the results inn completed trials
when the “new” evidence could have been developed and
presented at the original trial.
Answer 2