Business Finance Homework Help

In this week’s reading, I learned many things. One of the key concepts that I learned from the week’s reading was understanding more about the various trial courts. I found that trial courts are where the case begins. In this, the jury hears the cases and decides disputed issues of fact, and a single judge presides over the case. The second type of country I learned is appellate courts. Appellate court review actions of the trial court, usually have published opinions for uniformity and consistency and no trails held a panel of judges hears the case. Another fundamental concept that I learned from the courts is that of how courts make decisions. One of the ways courts making decisions is through the process of judicial review, which helps in determining whether or not transit as reviewed. All other evidence is checked, and parties submit written briefs to summarize the evidence and issues. I also understand the terms used in the court system and judicial activities services like plaintiff as the person who initiates the lawsuits and also called as petitioner in some cases. At the same time, the defendant is alleged to have violated some rights of the plaintiff and the party named in the suit for recovery. I also learned about managing disputes and the benefits of arbitration, which includes less formality, handled privately, expertly handles the cases; speed was once over an advantage but tends to move as slowly as court cases now.

On the other hand, I learned of the disadvantages of arbitration includes rules of evidence do not apply, expense and complexity have increased, and costs have increased. Lastly, I understood international litigation, which has specific laws that use. Foreign citizens may not write to the U.S to benefit from our traditionally liberal recovery rules and higher verdicts if there are enough remedies in their one county. 

Question 1

Using litigation to resolve a dispute as opposed to an alternative to dispute resolution is very important. Some of the pros of using ligation to resolve a dispute as opposed to an alternative to dispute resolution include: parties are constrained to consent to rule. This is because the idea of the legal framework ruling got through litigation collecting to go along or may risks being given sure consequences. There is the disclosure, which is another pro. Starting the litigation procedure will allow one to acquire data from the opposite side as reports and verbal reactions by methods known as examinations and record disclosure. Another pro is the potential for an anticipated outcome. Some of the cons of using ligation to resolve a dispute as opposed to an alternative to dispute resolution include: too unprecedented with more extended time allotment for the cases. This may be boring and time-consuming, which can result in delayed justice. Another con is excessively costly, judgment subject to appeal, and often demolishes the connection between different sides. 

Question 2

This is a case of diversity of citizenship where both the parties are from different states. But this case can only come under federal jurisdiction if the subject matter is federal law or statute or the amount included is above $75,000. This is a product liability case that is a state case and thus will be heard in the state courts Kentucky having that the plaintiff is a citizen of Kentucky state. 

References

Clarkson, K. W., Miller, R. L., Cross, F. B., & Clarkson, K. W. (2012). Business law: Text and Cases: Legal, ethical, global, and corporate environment. Mason, OH: South-Western Cengage Learning.