You work in the legal department of Hexagon Energy, an oilfield services firm based in Houston, Texas. Hexagon has offices around the world. Recently, Hexagon decided to open a new office with access to the Pacific Ocean. Hexagon narrowed potential locations to the following two countries: Australia or Chile. Australia has a common law legal system and Chile follows the civil law.
Your boss, José Avila, has heard of your success in your international law class. To assist in making the decision about where to locate, he asks you to prepare a memorandum specifying which of the two legal systems is better for Hexagon. He asks you to provide a general overview of the systems, including their history and sources. In addition, he has the following specific questions:
Why does it matter? Business is one thing and the law is something else. Should I even consider the legal system in making my choice about where to locate? Why or why not?
Tell me why we have two different systems. Seems confusing.
What sources of law will be important? Statutes? Cases? Something else?
You know I depend heavily on my law firm. What status will my lawyers have in each system?
I am really unclear on this "procedure thing." How are our legal disputes actually going to be resolved?
I’ve had a lot of bad judges in my life. Tell me about the role the judge plays in each system. Where do the judges come from?
Last year Hexagon had a jury rule against us when we were clearly right. Are there juries in each legal system? Why or why not? Is there any reason I would want to have a jury?
I’m concerned about the cost of discovery in lawsuits. Which legal system can keep those costs down?
What if we lose? Would there be any differences in how an appeal is decided?
Based on the typical needs of a business, which legal system would you recommend? Would the company be better off in a civil or common law legal system? Why?
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