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Resolving Legal Disputes

Shelby County Courthouse, Memphis, Tennessee, USA
Shelby County Courthouse, Memphis, Tennessee, USA (Photo credit: Wikipedia)

Dispute resolution has to do with the impartial rectification of conflict between individuals or parties. More specifically it is the utilization and execution of methods that are designed to resolve conflicts. In a case in which there is a dispute between people or groups, often times a third, neutral, party is selected to be an impartial representative for the disputing persons. Although dispute resolution can refer to resolutions both in and out of the court, it mainly applies to disputes that are settled outside of the legal framework of the judicial system.

Two of the most common types of dispute resolution are known as adjudicative and consensual. While adjudicative resolution requires a third party to mediate the outcome, such as a judge or jury, and usually involves some form of litigation, consensual resolution is the attempt to solve the issue between the two disputing parties without involving a third party, although at times a neutral arbitrator will be selected to preside over the case, though they will often be there not so much for authoritative purposes but more as a council to keep things fair. There is also a third upcoming type of dispute resolution, online dispute resolution, or ODR, which has become more popular in recent years with the rise of the internet’s prominence in daily life, but it is mainly the application of traditional consensual resolution practices, only adapted to the online environment.

Many disputes can be solved simply through adherence to the law, however, sometimes issues arise that the legal structure isn’t equipped to handle, and so a third party is chosen to resolve the conflict. These types of conflict fall within the jurisdiction of the law and so will be relegated to the political system for arbitration. Judicial resolutions are conflicts that will be, hopefully, settled by the court. In the United States, this is often the case with dispute resolution. This form of resolution usually involves litigation. This is the use of outside individuals to argue for or against the disputing parties. In a courtroom, the lawyers are the litigators, while the judge and jury listen to the arguments in order to come to their decisions.

Extrajudicial resolution is non-court settlement of conflict. Also known as alternative dispute resolution, or ADR, this is what people are usually referring to when discussing dispute resolution. ADR is usually more efficient, cost effective, and less time consuming than judicial resolutions. Extrajudicial resolution concerns various types of ways to settle conflict. These include arbitration and mediation. In arbitration neutral individuals will listen to both sides of an argument and render a decision based on evidence. Unlike the court systems, this proceeding doesn’t necessarily include a binding agreement with the parties.

Mediation is used in extrajudicial resolution as a way to open a dialogue between conflicting parties. The idea is to use a trained neutral third party in order to come up with unique solutions to solve the issue. A mediator is trained to be both an effective negotiator as well as an excellent communicator. A mediator is like a judge in that they cannot take sides, and they do not give legal advice either. Their decisions are not obligatorily followed, though they tend to be followed since the mediators are trained to make decisions that benefit both parties.

The techniques used in dispute resolution can be used both in and outside of the court room. It is often used by individuals who wish to speed up the process by not having to get into the political system. However, they are useful in many cases where individuals wish to come to the most beneficial agreement for all the parties involved.

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Zimmerman Wins Lottery: A Prank, but What Are the Real Odds of Winning?

I took this photograph of a lottery document I own
I took this photograph of a lottery document I own (Photo credit: Wikipedia)

Satirical reports regarding George Zimmerman have been misconstrued as factual by several media outlets, which have led to the belief that the man who killed Trayvon Martin is now a multimillionaire due to a lucky lottery ticket. The improbability of the story is astounding, but the more inconceivable notion is that reporters actually believed it enough to pass it on to their audience. The origin of the hoax was the same source that profligates fake news items on a regular basis: The Onion.

The outlet makes no claims about their veracity, and yet they have been regarded as a legitimate resource on innumerable occasions. This is an ultimate embarrassment for any organization that failed to recognize the comedic parody as satire. Errors like this indicate an inhuman lack of humor in tandem with a dense mind. Fortunately, news consumers were not to be deluded, and immediately subjected the reporting to a fact check.Through metaphorical symbolism, the original faux news story implied that Zimmerman’s recent acquittal has visible parallels with a lottery victory because both scenarios seem to bestow an improbable fortune. The report

was obviously meant to be disseminated as sarcasm, but the writers must feel tremendous pride in their ability to dupe the mainstream media. An unintended prank has a marvelous ability to generate a lasting reputation for the satirist. Notoriety is now something the author has in common with Zimmerman.

A stark contrast exists between lotteries and trials, and they are not equivalent. The justice system strides to avoid occurrences of random chance while lotteries promote the notion that anyone can win. The legal process is supposed to rely on evidence. Regardless of the circumstances, a victory in the courtroom has to be vigorously earned. Contrarily, there is nothing anyone can do to increase their chances in a lottery short of buying massive amounts of tickets. In a trial, the concept of reasonable doubt exists to exonerate the defendant, which should eliminate any potential for a toss-up. Courtrooms operate using evidence while lotteries are strictly statistical; therefore, the comparison is non-existent.

Even when it comes to jury selection, the process is not chaotically uncontrolled. Both sides have a general composition is mind, and they meticulously scrutinize prospective jurors as they whittle the numbers down. The pool is always sifted for bias. They are analyzed with hopes of picking people that will be sympathetically swayed towards a certain point of view. At the end, one side picked a better jury. Lotto victors cannot pick the numbers that will be responsible for their fate. Winners of lotteries do not stalk unarmed teenagers with a gun and fatally shoot them, but apparently winners of trials in Florida do.

Lotteries are often labeled as a tax for dumb people; coincidentally, this demographic is the same segment of the population that was targeted by the falsified journalism. In fact, real lottery odds are mathematically insignificant. An ABC News study declares it would take 1,684,841 years for the average lottery player to win a jackpot. Not even Zimmerman is that lucky.

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Crack

I guess I’ve been feeling pretty domestic lately. This is the second food post in two weeks. I wonder what that means? It probably means I’m hungry.

If I’m bringing a dessert to a potluck, or I need a dessert for a party, I bring crack. I’m absolutely sure that wasn’t the name on the recipe when I found it, but it’s been renamed by everyone who has ever tried it. I’m sorry, Mr. Potato-Chip-Man, but I can eat just one of those. This stuff needs to be restricted by the government. It’s an addictive, sell-your-first-born-for-another-hit bit of salty-sweet yum. I’m gonna make you fat.

Ingredients

1 cup of salted butter – $2
1 cup of brown sugar – $1
2 packs of saltines (That’s half of a box) – $2
2 bags of chocolate chips – $4
2 handfuls of toffee chips (broken Heath bars) – $1

Preheat oven to 350 degrees.

Cover two cookie sheets in foil. Spread crackers over each sheet in a single layer.

Mix the butter and sugar in a saucepan. Stir over medium heat until it starts looking like caramel, then stir for another minute or two. You still want it kind of runny, so don’t let it get thick.

Spoon the caramel over the crackers. Get some on each cracker. Try to get it even, but don’t worry about it too much. Sloppy is good. Remember, half the caramel for each cookie sheet.

Put the cookie sheets full of crackers and caramel in the oven for 10-15 minutes. The caramel will spread out and flow through and around the crackers. You’ll know it’s done when the caramel starts bubbling evenly.

Pour one bag of chocolate chips over each pan. Try to spread it out evenly, but–again–don’t sweat it.

Go away for 10 minutes.

When you come back, the chocolate will be all melty-good. Spread it evenly with a rubber spatula.

Sprinkle some toffee chips over the chocolate, then put the pans in the freezer to cool and set. It will take at least a couple of hours.

When you pull the pans out, peel off the foil then break it up into snack-sized pieces. Don’t break it up first, or you’ll spend the evening moaning over the candy and crying over the foil hitting your fillings.

Depending on how long you cooked the caramel, it will get soft when it approaches room temperature.  I always store it in the refrigerator to avoid that.

When you bring this to a party, always pack it two containers.  When the first one is empty, you can auction off the second.   You should be able to turn the $10 you spent on ingredients into at least $50 of guilt-ridden goodness.