instructions in attached file
Write 1 paragraph for each questions
What are the two major grounds for gaining federal court jurisdiction?
In the federal courtsystem,What are the names given to
the highest appeal court
The intermediateappealed courts
If someone says that a particular court does not have jurisdiction over a lawsuit, what is meant by that?
Describe the limitationon a litigants right to appeal
Currier, Katherine A., et al. The Study of Law: a Critical Thinking Approach. Fifth ed., Wolters Kluwer, 2020.
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What are the 2 basic functions of trial courts?
The first basic function of trial courts is to determine whose version of the facts is most credible and the second basic function of trial courts is to then apply the law to those facts to reach a decision.
According to the textbook, trial courts are said to be courts oforiginal jurisdictionbecause trial courts are where actions are initiated and heard for the first time that means if any citizen of the United States encounters a problem for which the court system may have a remedy, they would begin their legal quest in the trial courts.
What is the difference between a bench and a jury trial?
The main difference between a bench trial ,and jury trial is that a bench trial holds a courthouse judge as the decider of the case’s outcome. Jury trials are trials that have a non bias group of people, the jury, sit and listen to the 2 sides of the story and then collectively vote on a group decision.
According to the textbook, both types of trials come with issues. It can be argued that viewing those pictures was so inflammatory as to prejudice the jury. Therefore the showing of the pictures could form the basis of an appeal. This means that when you have a jury trial, you must be weary of the human emotion aspect of the jurors and the impact that can have on the case should certain evidence be presented.
3. What are the most common forms of ADR, and how do they differ from each-other?
The most common forms of ADR are mediation and arbitration. These two types can be arise at any time from before formal litigation has begun to after a lawsuit has been filed and the litigation process has started (Currier, 2020). On page 113 the book states, “The main difference between mediation and arbitration is that in mediation, the third party acts as a facilitator who tries to help the parties reach their own resolution. In arbitration, the third party is a decision maker who acts much like a judge wold at a trial” (Currier, 2020). Mediation is when a neutral third party assists the party in reaching a mutual agreeable, voluntary compromise whereas with arbitration, the parties submit their disagreement to a third party, who’s decision is binding (Currier, 2020).
4. What is the danger to the defendant in failing to answer a complaint?
If the defendant fails to answer a complaint, they only have 20 days to file their response to the complaint. If they do not do so, the defendant is losing their right to contest the complaint. If this happens, this gives the plaintiff the ability to be allowed a default judgement if they can convince the judge that their claim is legit (Currier
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