SOC 205 Business Law Jurisdiction of The Courts Discussion

Discussion Post – Part 1 and Part 2

“The Jurisdiction of the Courts” Please respond to the following:

Part 1: From the e-Activity (in attachment), propose at least three (3) rules that you would use in order to choose the more appropriate court (state or federal) for the hearing of a particular case. Discuss the reasoning for your choice of jurisdiction of the court in each case. Provide two (2) examples of jurisdiction choice to support your rationale.

Describe the manner in which presiding judges use the principle of judicial self-restraint within their U.S. courtroom procedures. Provide two (2) examples where judicial self-restraint is in use to support your rationale.Part 2: Respond to the post of a peerPost of a peer (below): Hi,Class and Prof Three rules that I might use are1.Geographic Location2.The difference within the statutes of limitations3. sorts of judges and juriesOne example is, say there’s a business owner from any that files a breach of contract suit against another business owner in California for failing to perform on the contract, the failure of this performance caused $500,000 in damages. Another example would be if you file a lawsuit alleging that a competing company has made a product that you simply claim may be a violation against a patent that you wear that product. Patents are a creation of federal law. jurisdiction put simply, maybe a fancy word that encompasses a court’s power or authority to listen to a case. Both federal and state laws, also because of the constitutions of us and every single state, have rules concerning the facility of federal and state courts to listen to cases. These laws and constitutions also limit those courts’ power to listen to cases.Jurisdiction is vital because if a court doesn’t have jurisdiction over a case, it doesn’t have the legal authority to pass judgment on the case. so as for a court to form a binding judgment on a case, it must have both material jurisdiction (the power to listen to the sort of case) also as personal jurisdiction (the power over the parties to the case).additionally, attorneys will check out the difference in statutes of limitations. If a plaintiff has missed a filing deadline in state court, the case is going to be filed in court goodbye because the statute of limitations is longer there. this may only be the case for federal question cases, however, because the court must use the state court’s statute of limitations for all cases brought under diversity jurisdiction.In addition, lawyers and attorneys are most frequently all right versed within the different types of judges and juries which will be found in state and federal courts. Oftentimes, attorneys might imagine those federal judges could also be more forgiving of a plaintiff than a state court judge, or vice-versa. Jury panels also can differ in their views dramatically based upon whether it’s a state or court. this happens because federal jury panels are selected from a way wider geographical area than are state court jury panels. =
MENU
UNITED STATES
COURTS
Comparing Federal & State
Courts
The U.S. Constitution is the supreme law of the land
in the United States. It creates a federal system of
government in which power is shared between the
federal government and the state governments. Due
to federalism, both the federal government and each
of the state governments have their own court
systems. Discover the differences in structure,
judicial selection, and cases heard in both systems.
Court Structure
Q
SEARCH
The Federal Court System
Article III of the
Constitution invests the
judicial power of the
United States in the
federal court system.
Article III, Section 1
The State Court System
The Constitution and
laws of each state
establish the state
courts. A court of last
resort, often known as a
Supreme Court, is usuallyArticle III, Section 1
specifically creates the
U.S. Supreme Court and
gives Congress the
authority to create the
lower federal courts.
Congress has used this
power to establish the 13
U.S. Courts of Appeals,
the 94 U.S. District
Courts, the U.S. Court of
Claims, and the U.S.
Court of International
Trade. U.S. Bankruptcy
Courts handle
bankruptcy cases.
Magistrate Judges
handle some District
Court matters.
Parties dissatisfied with
a decision of a U.S.
District Court, the U.S.
Court of Claims, and/or
the U.S. Court of
International Trade may
Supreme Court, is usually
the highest court. Some
states also have an
intermediate Court of
Appeals. Below these
appeals courts are the
state trial courts. Some
are referred to as Circuit
or District Courts.
States also usually have
courts that handle
specific legal matters,
e.g., probate court (wills
and estates); juvenile
court; family court; etc.
Parties dissatisfied with
the decision of the trial
court may take their case
to the intermediate Court
of Appeals.International Trade may
appeal to a U.S. Court of
Appeals.
A party may ask the U.S.
Supreme Court to review
a decision of the U.S.
Court of Appeals, but the
Supreme Court usually is
under no obligation to do
so. The U.S. Supreme
Court is the final arbiter
of federal constitutional
questions.
The Federal Court System
Parties have the option
to ask the highest state
court to hear the case.
Selection of Judges
The Constitution states
that federal judges are to
be nominated by the
President and confirmed
Only certain cases are
eligible for review by the
U.S. Supreme Court.
The State Court System
State court judges are
selected in a variety of
ways, includingPresident and confirmed
by the Senate.
They hold office during
good behavior, typically,
for life. Through
Congressional
impeachment.
proceedings, federal
judges may be removed
from office for
misbehavior.
The Federal Court System
• Cases that deal with
the constitutionality
of a law;
Types of Cases Heard
• Cases involving the
laws and treaties of
the U.S.;
election,
appointment for a
given number of
years,
• Cases involving
ambassadors and
public ministers;
• Disputes between
two or more states;
appointment for life,
and
combinations of
these methods, e.g.,
appointment
followed by election.
The State Court System
. Most criminal cases,
probate (involving
wills and estates)
. Most contract cases,
tort cases (personal
injuries), family law
(marriages, divorces,
adoptions), etc.
State courts are the final
arbiters of state laws and
constitutions. TheirTypes of Cases Heard
The Federal Court System
Cases that deal with
the constitutionality
of a law;
• Cases involving the
laws and treaties of
the U.S.;
Cases involving
ambassadors and
public ministers;
• Disputes between
two or more states;
• Admiralty law;
Bankruptcy; and
●
.Habeas corpus
issues.
The State Court System
. Most criminal cases,
probate (involving
wills and estates)
. Most contract cases,
tort cases (personal
injuries), family law
(marriages, divorces,
adoptions), etc.
State courts are the final
arbiters of state laws and
constitutions. Their
interpretation of federal
law or the U.S.
Constitution may be
appealed to the U.S.
Supreme Court. The
Supreme Court may
choose to hear or not to
hear such cases.