For many individuals, being involved in a court case is very stressful and time consuming, and a lack of understanding of the entire legal process may cause some of that stress. For a business, it is critical to have a strong legal team working on its behalf to manage all aspects of a case or legal issue, and many companies employ their own legal counsel for that purpose. As an individual working within business environments, you may have occasion to participate in legal matters involving your organization—or to make decisions that have legal implications. It is very helpful, therefore, to have a solid understanding of how cases proceed through a court system, who are the individuals involved in the courtroom process, and which laws take priority in various situations.
This Assignment covers the U.S. court systems, specifically which court would have jurisdiction in a given matter, how to handle conflicting statutes, and who participates in the court process.
To prepare for this Assignment:
- Review the Learning Resources and consider the various ways by which laws take precedence and how jurisdiction plays a role in determining how laws are enforced.
- Focus on the process of the U.S. court system, including the participants, court structures, and appeals process.
- Refer to the Academic Writing Expectations for 2000/3000-Level Courses as you compose your Assignment.
By Day 7
Submit your responses to the following prompts:
- In each of the following situations, which source of law takes priority, and why?
- The state statute conflicts with the common law of that state. (75 words, 1 paragraph)
- A federal statute conflicts with the U.S. Constitution. (75 words, 1 paragraph)
- A common-law decision in one state conflicts with the U.S. Constitution. (75 words, 1 paragraph)
- A federal statute conflicts with a state constitution. (75 words, 1 paragraph)
- For this prompt, be sure to reference at least one scholarly source to support your answer for each set of conflicting items.
- You are the administrator of a local hospital. A trial court has made a finding against your hospital due to the death of a patient during surgery. However, you believe the hospital should be not be found guilty under the doctrine of res ipsa loquitur since the surgeon has also been found guilty of malpractice and negligent homicide. Describe the process you would follow to appeal the trial court’s finding against the hospital. (225–300 words, 3–4 paragraphs)
For this prompt, be sure to reference at least two scholarly sources to support your answer.
- You are being accused of a breach of contract and will be participating in a trial. Whom can you expect to take part in the trial process and what roles will they play in your trial? Please explain your answer. (225–300 words, 3–4 paragraphs)
For this prompt, be sure to reference at least two scholarly sources to support your answer.
- The Constitution specifies that federal courts have exclusive jurisdiction over admiralty claims. Mr. and Mrs. Price have a claim against Fun-time Cruise Lines based out of Miami, Florida, for negligence of the cruise line. Mrs. Price sustained injuries because of the company’s negligence while taking a cruise to the Caribbean. The Price family lives in Seattle, Washington. Can they bring their claim in state court, or must they bring their claim in federal court? Which court or courts could be the trial court with jurisdiction over the claim? Please explain your answer. (225–300 words, 3–4 paragraphs)
For this prompt, be sure to reference at least two scholarly sources to support your answer.
