Business Law 101 need help 1.What does the plaintiff need to file in order to br
ID: 2423782 • Letter: B
Question
Business Law 101 need help
1.What does the plaintiff need to file in order to bring a legal action and what are some of the defendant's proper responses?
2.What is jurisdiction? Describe how jurisdiction over a person or property differs from subject matter jurisdiction?
3.If a corporation is incorporated in Delaware, has its main office in New York, and does business in California, but its president lives in Connecticut, in which state(s) can it be sued?
4. What is the difference between a court of general jurisdiction and a court of limited jurisdiction?
5. What is the role of a court with appellate jurisdiction?
6. When may a federal court hear a case?
7.How does a case get to be heard by the United States Supreme Court?
8.When may a court exercise jurisdiction over a party whose only connection to the jurisdiction is via the Internet?
9.Describe at least three different forms of discovery? What is the purpose and advantage for discovery?
10.What takes place at a pretrial conference?
11.Briefly, what are the steps in the course of a trial?
12.Who can appeal from a trial court’s decision?
13.What are the steps in appealing a decision?
14.What are some things that a person should consider when deciding whether to settle a dispute or take the dispute to court?
15. How does the Court decide whether or not to admit evidence into trial?
Explanation / Answer
2. Jurisdiction is the power or right of a legal or political agency to exercise its authority over a person,subject matter or territory.It is the official power to make legal decisions and judgement.
The first is referred to as 'personal jurisdiction'-- the power of the court to render an effective judgment over the person or property.Generally a person must live within the district of the court claimimg jurisdiction.Subject matter jurisdiction is a more difficult concept that applies generally only to the federal courts.Federal courts have jurisdiction over limited number of subjects like suits involving the US government or involving suit of certain amount of dollars between different persons etc.
3. It depends upon the nature of lawsuit.If the contract does not contain choice of law or where litigation will take place than it will be sued in California from where business is being done.
11. Following are the steps in course of a trial:
1. Selection of Jury-Jurors are selected for a courtroom from the pool of available jurors. The judge and attorneys question the jurors in a process called voir dire (vwar deer) "to speak the truth." to determine if any juror has a personal interest in the case, a prejudice or bias that may wrongly influence him/her as a juror.
3. Presentation of Evidence and Testimony of Witnesses
The plaintiff's or prosecution's case is presented first. As each witness testifies, the side that called the witness asks questions in direct examination. Then the side that did not call the witness has an opportunity to ask questions in cross examination. Physical evidence, such as documents, weapons or photographs are admitted into evidence and numbered for identification.
During the trial, if one attorney objects to a question, he presents his objection to the judge. These are questions of legal technicality and may be argued out of your hearing. A ruling by the judge to sustain or overrule an objection does not mean that the judge is taking sides. He is applying the law which permits or does not permit the question to be asked or the answer to the question.
When each side has presented all their evidence, they "rest" their case
The attorneys summarize the evidence and try to persuade the jury to find in favor of their client. The plaintiff has the burden of proof and therefore has the opportunity to open and close the arguments.
The judge reads the instructions of law to the jury, defines the issues the jurors must decide and informs them of the law that governs the case.
When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the juror
2. Opening Statements Opening statements are not evidence, only expectations of what each side expects the evidence to proveRelated Questions
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