Fluent Essays

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.Also, provide a graduate-level response to each of the following questions:Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.Peter Plaintiff is citizen of Kentucky. He drives to Tennessee and purchases a lawn mover from Lousy Lawn Mowers, Inc. Peter Plaintiff returns to Kentucky and is seriously injured when the lawnmower explodes during normal use. Lousy Lawn Mowers, Inc. does not do business in Kentucky and is incorporated in Delaware. May Peter Plaintiff bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or federal court, and why? [Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion]. [Your initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA review]Text Book : Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA. chapter_3_the_judicial_system..pptx chapter_4_managing_disputes_alternative_dispute_resolution_and_litigation_strategies..pptx Unformatted Attachment Preview Marianne M. Jennings BUSINESS Its Legal, Ethical, and Global Environment 11th Ed. Chapter 3 The Judicial System ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Types of Courts • Trial Courts – Place where case begins – Jury hears cases and decides disputed issues of fact – Single judge presides over case • Appellate Courts – Review actions of trial court – Usually have published opinions for uniformity and consistency – No trials held – panel of judges hears case ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-1 How Courts Make Decisions • Process of Judicial Review (Appellate) – Determine whether error was made – Transcript is reviewed – All other evidence is reviewed – Parties submit written briefs to summarize the evidence and issues ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-2 How Courts Make Decisions • Process of Judicial Review (Appellate) – Oral arguments may be made before panel of judges • Generally three judges, but at U.S. Supreme Court level it is nine • En banc : full bench hears case – Judges vote on whether there is reversible error • Error that might have affected the outcome ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-3 How Courts Make Decisions • Process of Judicial Review (Appellate) – Possible actions of reviewing court • Affirm—no reversible error and decision stands • Reverse—reversible error and decision is reversed • Remand—error that requires further proceedings • Modify—change ruling of lower court – Statutory interpretation • Courts at appellate level can review statutory application • Can determine scope of statute ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-4 Consider 3.2 • The Porch/Stoop and the Law Student – Is visible drinking on private property covered by a statute that prohibits public drinking? – Consider the implications – how far would the statute go – if you could see through an open window or open door that someone was drinking? – Intent of statute – Exceptions for neighborhood parties ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-5 How Courts Make Decisions • Process of Judicial Review – Judicial review and case precedent—the doctrine of stare decisis • Courts will follow previous decisions for consistency • Previous decisions are called precedent ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-6 How Courts Make Decisions • Process of Judicial Review – Interpreting precedent • The rule of law in the case is the precedent • Dicta is not the precedent • Dicta is the discussion of the relevant law – Exceptions to stare decisis—when precedent may not be followed • • • • Cases are factually distinguishable Precedent is from another jurisdiction Technology changes Sociological, moral, or economic changes ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-7 Parties in the Judicial System • Plaintiffs – Initiate the lawsuit – Called petitioners in some cases • Defendants – Alleged to have violated some right of the plaintiff – Party named in the suit for recovery ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-8 Parties in the Judicial System • Lawyers – Those who act as advocates for plaintiffs and defendants – Have fiduciary relationship with clients – Represent client and see that procedures are followed – Privilege exists with client • Must keep what client tells them confidential • Exception is advance notice of crime to be committed ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-9 Parties in the Judicial System (This information is beyond what is in the text) Plaintiffs – originate suite Defendants – party from whom plaintiff seeks recovery Represented By Lawyers INTERNATIONAL LAWYERS Italy Avocati Procuratori Quebec/France Advocate – High Courts Notaire – Real Property Transactions Juridique – Legal Counselor Japan Bengoshi Great Britain/ Canada Solicitors – Advice, Documents Barristers – Higher Courts Germany Rechtsanwalt – Litigator Rechtsbeistand - Advice ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-10 Parties in the Judicial System • Judges – Can control proceedings or outcomes – Can be elected or appointed • Trial or Appellate – Trial Judge presides over trial – Appellate Judge hears appeal from trial court ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-11 Parties in the Judicial System • Name Changes for Parties on Appeal – Appellant or Petitioner: Party appealing the lower court’s decision – Appellee or Respondent: Party who won below and is not appealing – Some states reverse the name of the case on appeal; example: Smith v. Jones − trial court, Jones loses and appeals; Jones v. Smith − appellate court ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-12 Jurisdiction • Jurisdiction is the Authority of a Court to Hear a Case • Types of Jurisdiction – Subject matter jurisdiction is jurisdiction over the subject matter of the case – In personam jurisdiction is jurisdiction over the parties in a case ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-13 Federal Court System ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-14 Federal Court System • Federal District Court – General trial court of the federal system – Subject matter jurisdiction • When U.S. is a party • Federal question • Diversity of citizenship ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-15 Federal Court System • Limited Jurisdiction – One issue that arises is what law will be applied to the case • Federal courts apply state law, they do not make up a new system of federal common law ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-16 Federal Court System • Specialized Courts − Courts of Limited Original Jurisdiction – Tax court – Bankruptcy court – Claims Court – Judge Advocate General (military courts) – Courts for other agencies – Court of International Trade ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-17 Structure • There are ninety-four federal districts ‒ Each state is at least one federal district and Puerto Rico and DC are also federal districts (94 federal district courts) ‒ Virgin Islands, Guam, and Northern Mariana islands also have a federal court ‒ Number of districts per state is determined by population and case load ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-18 Federal Court System • Federal District Court Opinions – Opinions are reported in the Federal Supplement • Cite: F.Supp. (F.Supp.2d.) • Example: Sansotta v. Town of Nags Head, 97 F. Supp. 3d 713 (E.D.N.C. 2014) ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-19 Federal Court System • Court of Appeals – Formerly known as U.S. Circuit Court of Appeals – Thirteen federal circuits – Generally a panel of three judges reviews appeals from Federal District Court – Opinions found in Federal Reporter – Cite: F., F.2d or F.3d. • Little Sisters of the Poor Home for the Aged, Denver v. Burwell, 794 F.3d 1151 (10th Cir. 2010) ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-20 Federal Court System • Supreme Court – Must decide to review cases • Issues writs of certiorari on those cases they will review-determined by the rule of four – Has original jurisdiction for • Disputes between and/or among states • Charges of espionage or ambassadors and foreign consuls ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-21 Federal Court System • Supreme Court – Nine judges with lifetime appointments – Opinions reported in: • United States Reports—official reports • Citizens United v Federal Election Com’n, 558 U.S. 310 (2010), 130 S.Ct. 876 (2010), 175 L.Ed.2d 753 (2010) ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-22 State Court Systems ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-23 State Court Systems • General Trial Court – Usually called superior, circuit, district, or county court ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-24 State Court Systems • Lesser Courts – Small claims: Lesser damage claims, no Lawyer – Justice of the Peace courts • Smaller damage claims • Lawyers permitted to appear – Traffic courts: For citations – Probate courts: For wills, guardianships, conservatorships, etc. ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-25 State Appellate Courts Courts of Appeal or State Appellate Courts and State Supreme Courts • Opinions reported in regional reporters ₋ Example: Pacific Reporter, P. , P.2d., P.3d ₋ Example: Hoag v. French, 357 P. 3d 153 (Ariz. App. 2015) • Opinions also reported in state reporters ₋ Example: DirectTV v. Imburgia, 170 Cal. Rptr. 3d (Cal. 2014) ₋ Wyman v. Ayer Properties, 11 N.E.2d 1074 (Mass. 2014) ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-26 Regional Reporter State Groupings Pacific (P. or P.2d) Alaska Arizona (California) Colorado Hawaii Idaho Kansas Montana Nevada New Mexico Oklahoma Oregon Utah Washington Wyoming ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Northwestern (N.W. or N.W.2d) Iowa Michigan Minnesota Nebraska North Dakota South Dakota Wisconsin Southwestern (S.W. or S.W.2d) Arkansas Kentucky Missouri Tennessee Texas 3-27 Regional Reporter State Groupings Northeastern (N.E. or N.E. 2d) Illinois Indiana Massachusetts (New York) Ohio Southeastern (S.E. or S.E.2d) Georgia North Carolina South Carolina Virginia West Virginia Atlantic (A. or 2d) Connecticut Delaware District of Columbia Maine Maryland New Hampshire New Jersey Pennsylvania Rhode Island Vermont Southern (So. or So.2d) Alabama Florida Louisiana Mississippi ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Note: California and New York each has its own reporter system. Source: The national reporter system was developed by West Publishing Company. Reprinted with permission of West Publishing Company. 3-28 Sample Page of a National Reporter Case ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-29 State Court Systems • Venue – Location of court in the system within a jurisdiction – Venue in criminal cases can change from location of crime to another court if press coverage is excessive – Civil venue is often where defendant resides or where the cause of action occurred ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-30 Personal Jurisdiction ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 3-31 In Personam Jurisdiction • Means for Acquiring Jurisdiction – Property ownership in the state = in rem jurisdiction – Volunteer − parties agree to it – Presence in the state • Residence • Corporations incorporated or doing business in the state • Minimum contacts - constitutional standards of contact with a state (“Long-Arm” Statutes) ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in ... Purchase answer to see full attachment