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Milestone One Case Study
A.
This court depends on several different factors the three most important factors are personal jurisdiction, subject matter jurisdiction, and minimum contacts.
1. Personal jurisdiction is when the court is over the person that may be getting sued. The case is about a suit with Donald Margolin against Novelty Now and against Chris, Matt and Ian. The three friends were terrified to go to New York. They sell a product called funny faces online, and on social media sites. If someone sees them in New York that have brought their product is called personal jurisdiction.
2. Subject matter jurisdiction is for different cases which include, state or federal, courts, and specific cases. I know that federal jurisdiction pertain things like bankruptcy, copyright, and admiralty cases. Federal
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Jurisdiction hears federal cases and citizenship cases; those are for the federal courts or the state. 3. Minimum contacts are whether a court in one state can declare personal jurisdiction from other states. The court needs to determine if Chris, Matt and Ian have visited New York or not because if so they can file for personal jurisdiction. B.
Alternative dispute resolution (ADR) is an option to resolve this dispute. An ADR can solve a dispute in other meanings. If using ADR it will keep all cases and files confidential, and will help trying to maintain a friendly business in the process. You can also use the ADR by negation.
C.
1. What are the differences between meditation and arbitration and what are the pros and cons of each? Arbitration is more for parties to be involved in a process and then decide how it will go. It makes decisions for both parties so they want have to make them. Some cons for arbitration is they can be costly but that depends what it is used for. There is also privacy that allows companies to keep their dispute private. But I think in some way this can be bad for a company and their customers.
2. Mediation allow parties to be involved, they want them to see how everything will go. Some cons about mediation is it can cost a lot of money it is very expensive. A lot of people think maybe one day it will be mandatory. The concerns are that using arbitration will keep companies confidential and in cases like this it will be bad for the company and its business.
D.E.F 1. These guys just don’t know how much trouble they can be in because this is a fraud case Chris, Matt, and Ian will be found guilty for what they have done. The crime for this case is fraud for the result in financial access and personal. 2. Chris thought going to Novelty Now will be a good fit for their original formula he wanted to reduce the cost he didn’t want or know it could be something to do with fraud. What he didn’t know is Novelty Now would be held responsible for the claim because they are actually on a contract with funny faces. They thought it would be cheaper to go with Novelty Now but they have learned being cheap isn’t always the best choice. G. 1. Next consider the ethical process of decision making; state of the problem, check the facts, identify the relevant factors, develop options, test options, make a choice (Davis, 1999). The process involves three elements. When businesses uses the WPH process means they are a business standing for stakeholders, purpose, and guidelines. The purpose is to gain some type of security. Even though Chris want to save money by going the cheaper route to save money, he had security to fall back on just in case.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
In the case of Affleck and Damon v. Booth the primary nature of the case was in regards to their fourth amendment rights being broken; no probable cause for Booth and others to search and maintain their assets in the state of Georgia. In the District court, the ruling past onto both parties was that the case was dismissed due to Booth having no personal jurisdiction in the state of Nevada. This therefore was passed up to the Circuit court of Appeals whom overturned the lower courts decision based on the factors of the case encompassed more than the initial seizure. As both parties are not in agreement with where the trial shall be held the Supreme Court now will make a final decision based on issues to be ruled upon, material facts, and legal principles in practice.
The second type of subject matter jurisdiction is diversity jurisdiction. Diversity jurisdiction applies if the parties are citizens are different states and the amount in controversy is more than $75,000. The case has complete diversity as all three parties are citizens of different states; however, the amount in controversy is not more than $75,000. While Sally and Randy together have claims amounting to more than $75,000, the amount of the claims cannot be combined as the defendants are not jointly liable for the breaches. Therefore, Quincy has sought to recover $65,000 in damages from Randy and $45,000 in damages from Sandy of which the amounts are not over $75,000 individually, and therefore do not qualify for diversity jurisdiction.
a. but most admiralty cases can be brought in state courts unless they qualify under diversity. b. But federal admiralty law will be applied. iii. Jurisdiction arises under: a. 28 USC 1331: federal question b. 28 USC 1332: diversity c. iv. BUT, Congress didn’t choose to enact substantive law in the statutes – left to the courts. v. Courts mainly address three issues: a. what is an admiralty case? b. if it is, what is the admiralty rule?
Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)
...are generally at a county level, which are decided by judges who base their decisions on information presented in court. At the state level, there are state appellate courts. This type of court takes place when a defendant loses a trial and questions concerning the law arise. A smell number of cases go to the appellate court. The federal court consists of the Supreme Court and District courts. Each District court is placed due to a specific geographical area. These courts rule on federal cases such as fraud or bank robberies. All federal cases are heard in front of a jury.
The similarities between Federal and California Trial Courts are that they both take care of civil and criminal cases. However, the U.S. District Courts are required to handle these two special cases which are the cases from the Court of International Trade and U.S. Court of Federal Claims. In addition, every district with Federal district courts also has one U.S. bankruptcy court. California Superior Courts, in contract, take care of "appeals of small claims cases and other civil cases worth $25,000 or less and appeals of misdemeanor cases" (Superior Court of
To begin, Trial courts of limited jurisdiction also known as “inferior courts” are courts that make up “85% of
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Second, let’s find out what is the case law is. Well, case law is the jurisprudence proved by decisions in particular court cases. However, the following courts will turn to these decisions, known as judicial precedents when trying to judge about similar issues. The utmost important point to notice here is that legal precedents depend on the hierarchical arrangement of the tribunal issuing the determination. For instance, if the Supreme Court of Canada provides a legal judgment in a particular case, and so all the other courtrooms in Canada have to bind this view.
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.