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 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