Discussion Forum Unit 2

University of The People

Business Law and Ethics
BUS 3305-AY2023-T4.
Instructor: Prof. Tammy Cowette
April 14, 2023
Do you think the U.S. jury system should be adopted by other countries?
The U.S. jury system is based on the principle of a trial by a jury of peers, where a group of
citizens is selected to hear evidence and decide the verdict of a case. The jury system is
enshrined in the Sixth Amendment of the United States Constitution and is a fundamental part of
the American legal system.
Whether other countries should adopt the jury system depends on various factors, including
cultural and legal traditions, the nature of the legal system, and the perceived benefits and
drawbacks of such a system.
What factors do you think should inform a country’s decision to adopt a jury system?
There are several factors that could inform a country's decision to adopt a jury system, including:
1. Legal tradition: Countries such as the United States and the United Kingdom have a
common law legal tradition, they tend to have a jury system, whereas countries with a
civil law legal tradition, like Germany and Japan, generally do not.
2. Cultural attitudes towards citizen involvement in legal processes: In some countries,
citizens may be more willing to serve on a jury or trust their peers to make decisions in
legal matters, while in others, the public may have a more deferential attitude towards
legal professionals.
3. Availability of resources: The successful functioning of a jury system requires significant
resources, including funding for court personnel and facilities, as well as the ability to
select and compensate jurors.
4. Size and complexity of the legal system: Jury trials can be time-consuming and
expensive, so countries with smaller legal systems or less complex cases may not see the
need for a jury system.
5. Potential drawbacks and benefits: A country considering adopting a jury system would
need to weigh the potential benefits, such as greater public participation in the legal
process, against potential drawbacks, such as the risk of biased or uninformed jurors
making decisions based on emotion rather than evidence.
Identify situations in which you would choose ADR over litigation. Explain your answer. Do
the same for situations in which you would choose litigation over ADR.
ADR (Alternative Dispute Resolution) and litigation are two different methods for resolving
legal disputes. “ADR methods include negotiation, mediation, and arbitration, while litigation
involves taking a dispute to court and having a judge or jury make a decision.” (Lau & Johnson,
2011).
Situations where ADR may be preferred over litigation include:
1. Relationship-based disputes: If the parties involved have an ongoing relationship or wish
to maintain a positive relationship, ADR can provide a more collaborative and flexible
approach that can help preserve the relationship.
2. Time and cost: ADR can be a quicker and less expensive option than litigation, as it
avoids the lengthy court processes and fees associated with trials.
3. Privacy: ADR proceedings are often confidential, which can be desirable in situations
where parties wish to keep the details of their dispute private.
4. Control over the outcome: ADR methods allow parties to have more control over the
outcome of the dispute, as they have more input into the decision-making process.
Situations where litigation may be preferred over ADR include:
1. Legal rights-based disputes: If the dispute involves a matter of legal rights, such as a
breach of contract or violation of a law, litigation may be necessary to establish legal
precedent and enforce legal rights.
2. Non-cooperative parties: If one or both parties are unwilling to participate in ADR or are
unresponsive to negotiation attempts, litigation may be necessary to resolve the dispute.
3. Need for a binding decision: If parties need a legally binding decision or want to establish
precedent that can be used in future disputes, litigation may be necessary.
4. Power imbalance: In situations where there is a significant power imbalance between the
parties, litigation may be necessary to ensure that the weaker party has access to legal
protections and a fair outcome.
Here is a list of topics that could be presented to employees to train them to be vigilant
against criminal behavior in an organization:
1. Fraud
2. Theft
3. Cybersecurity
4. Whistleblower protection
5. Code of conduct
 6. Compliance with laws and regulations
7. Workplace violence
The most important topics will depend on the specific risks and challenges faced by the
organization. However, topics such as fraud, theft, and cybersecurity are generally relevant to all
organizations and should be covered.
To ensure that employees understand the training, a variety of methods can be used, such as
interactive sessions, case studies, and quizzes. Providing examples of real-world situations and
encouraging employees to ask questions and share their own experiences can also help to ensure
that the training is understood and retained. Additionally, ongoing training and reminders can
help to reinforce the importance of being vigilant against criminal behavior in the workplace.
References
Legal Information Institute. (n.d.). Jury trial. Legal Information Institute. Retrieved April 13,
2023, from https://www.law.cornell.edu/wex/jury_trial
Americanbar.org. (n.d.). Retrieved April 13, 2023, from
https://www.americanbar.org/groups/public_education/resources/law_related_education_network
/how_courts_work/jury1/
Lau, T. & Johnson, L. (2011). The legal and ethical environment of business (Vol. 1). chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://my.uopeople.edu/pluginfile.php/
1685496/mod_page/content/6/LegalEthicalEnvironmentBusinessChapter03.pdf