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Assignments and Case Analysis in Business Law
Chapter 3:
What is the fundamental nature of the American court system?
The primary character of the courts is that its foundation is on jurisdictions, which determines the authority of a court over a case.
Under what circumstances might a federal court have jurisdiction to hear a case?
Federal courts have jurisdiction over cases that involve the constitutionality of the law or a case involving two disputing states.
Under what circumstances might the U.S. Supreme Court hear a case?
The conditions in which the Supreme Court hears a case is on an appeal basis.
What is the structure of a typical state court system?
The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court.
What is civil litigation?
Civil litigation is a dispute between two parties seeking money compensations.
What are the most common discovery techniques?
Standard development methods include deposition and required disclosures.
What is involved in an appeal?
The procedure involved in an appeal include whether there is
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A credited individual has the capability of assessing the situation from a neutral ground and come up with proper recommendations on how to deal with the issue. Through the assessment, there can be a proper determination of the value of the benefits of the project, and the value of the land to the people. If the neutral team determines that the value of the land to the people is more dominant than the benefits of the project, the government should observe restraint from initiating projects in the area. However, if the advantages of the project are enormous, then the government should engage the people in compensation discussions. Therefore, early neutral evaluation helps in solving the
_ Good Cause document was very generic and did not clearly explain the good cause reason why the rep payee had submitted late filing of CDR hearing appeal. missing in good cause letter was rep payee was actively pursuing an appeal with section 301 and after further clarification from the office D47 she decided to request a hearing request with good cause.
The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.
In the 1803 case of Marbury v. Madison, the court used its jurisdiction authority to hear and decide the issues put forth in Marbury v. Madison. This Supreme Court case argued for William Marbury’s commission, although it was denied by Thomas Jefferson’s secretary, James Madison. This case further helped to establish judicial review, the power of the courts to review acts of other branches of government and the states. In the case of Marbury v. Madison, the court used appellate jurisdiction and eventually appellate court to review and revise the law made by a lower court.
As the climate in society has changed and new trends in lawmaking were established, the caseload for the federal court increased dramatically. The new concepts of President Lyndon Johnson’s “Great Society” pushed Prohibition and the “New Deal” pushed for changes and additions to the federal judiciary. This forced the creation of specialized courts and the addition the appellate courts (paraphrase). In the metropolitan area is where the federal judges are seeing a huge increase. They have to set civil trials back months or sometimes years to make space for criminal cases.
Woodrow Wilson once referred to the Supreme Court as “a constant constitutional convention in continuous session”, due to the role they have played in interpreting the constitution as it is written. Due to the ambiguity found in much of the phrasing in the constitution, judicial interpretation of the constitution can be considered both necessary and inevitable (Comer, Gruhl et al., 2001). The courts have the power to declare unconstitutional the actions of the other branches and units of the government in what is known as judicial review (Tannahil, 2002). The first case in which the court elaborated on the principle of judicial review was that of Marbury v. Madison in 1803 and put forward that in the case of conflict between the constitution and a statute, it is “the duty of the judicial department to say what the law is” (Smith, 1975). Following this, the case of Fletcher v Peck (1810) is of equal importance as it was the first case in which a state law was declared by the court to be unconstitutional.
In Texas, there are two separate high courts: The Supreme Court of Texas and the Texas Court of Criminal Appeals. Having two separate high courts in Texas is good because make this system more professional. However, these two high court heard different cases. The Supreme Court of Texas is the highest civil and juvenile cases, and it is the final appellate jurisdiction in Texas. In contrast, the Texas Court of Criminal Appeals is the highest and the final criminal court in Texas, and the jurisdiction of death penalty cases.
Our firm wished to sue in federal court rather than West Virginia state court. Stern described our reasoning for this as “Coal companies have more influence on West Virginia state courts than they do with less political federal courts” (Buffalo Creek Disaster, Gerald Stern, pg. 13). During my undergraduate business law course, I learned that “State court judges are elected and generally support companies who create jobs for their state” (Bock, Lecture notes on The American Legal System, pg. 6). Professor Bock described the different jurisdictions as, “State courts have jurisdiction over all cases that are not in the exclusive jurisdiction of the federal courts and for a case to proceed in a federal court, there must be federal subject matter jurisdiction”
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Federalist #51 1- Madison says that each department should have a will of its own. Also saying that we should give those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The constitution would say separation of powers. These can keep separated by elections of who will be doing what for whom, the power each institution is given over the two and how they will be doing things different from each other.
An example of the Federal system gaining power over the states would be McCulloch v Maryland. A Landmark Supreme Court case that defined whether the federal government has inherent powers and whether the state has the right to tax a federal entity. This brought forth the idea of the Necessary and Proper
The States Courts would likely hear case (a) and the Federal Courts would likely hear case (c). Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. With that being said, both cases (b) and (d) are prime examples of the overlap. With cases (b) and (d) being able to go to either to state or federal courts, we then need to find the determining factors to what court would be the proper one for the cases. For instance, for case (b) factors could include where you committed tax fraud.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
Nicholas Zirpoli Law and Society Professor Weiss September 25, 2015 Unit 1 Legal Systems Unit 1 explores the legal systems of the world starting with the United States. We learned things from how the government was created, to the Bill of Rights. Its all about the laws and how it affects our society as a whole. We also take a look into different governments like France, China, and Saudi Arabia and compare them with our own government.
The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. Our courts structure is divided into superior courts and subordinate courts. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A
In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also