Why all jurists believe in judicial restraint to some degree


Problem 1: All jurists believe in judicial restraint to some degree and all are activists in some situations.

Do you agree or disagree with this quote? Please give examples of both philosophies.

Problem 2:

I sell tax services to corporations. I sign a new client to a one-year contract. This new client, is my largest client and can possible refer me to other large clients.

Half way through the contract, the client's son decides that he wants to give the tax business to a new friend that he made at a bar. Assume that this action is a material breach of the contract.

Should I litigate/sue or seek redress under a form of alternative dispute resolution ?

Explain the pros and cons of each approach.

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Business Law and Ethics: Why all jurists believe in judicial restraint to some degree
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