1. Jurisdiction means a court’s legal authority to take up, or to hear that part
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Question
1. Jurisdiction means a court’s legal authority to take up, or to hear that particular type of case. Please note that all federal courts have limited jurisdictions, i.e. they are limited to hear only the kind of cases as authorized by the United States Constitution, and the other cases are left for the appropriate state court systems to handle.
Federal Court Structure:
Both state and federal courts are three tiered systems. In federal courts, the bottom most level is the district courts (also known as trial courts). Cases those are appealed from these district courts are then heard at the middle tier of circuit courts, the federal courts of appeal. And the cases then appealed from the circuit courts are heard by the United States Supreme Court, which is constitutionally the highest court in the legal system.
Federal courts can have original, appellate or both jurisdictions.
Original Jurisdiction:
Original jurisdiction means that the federal court has the legal right to hear the case first. Federal district courts (lowest tier) have original jurisdiction over all the cases involving federal law. These courts additionally also have original jurisdiction on the cases involving diversity jurisdiction, i.e. where the parties involved in the case belong to two different state, or countries where one party is a US citizen, while the other is a foreign citizen. In this case, a diversity plaintiff can bring their case to the federal trial/district court, but the state laws will be used to decide on the case.
Apart from the federal district courts, state trial courts, family courts, traffic courts, bankruptcy courts, juvenile courts, tax courts and the United States Supreme Court also have original jurisdictions. Here, cases can originate or are presented first. Please note that, The United States Supreme Court has original jurisdiction on the cases involving ambassadors, or cases where a citizen sues his/her state or the cases involving parties from two different states.
Appellate Jurisdiction:
Appellate jurisdiction means that the court hears an appeal from that of a court of original jurisdiction. Hence, appellate jurisdiction is used by an appeals court to review the decision given by a lower court. Appellate courts do not hear the entire case as the trial is not new. Hence, appeals courts only review and rule on the particular disputed issues of the appealed case, like to assess if the lower court made an error in application of the appropriate laws as required by the facts of the case. Appellate jurisdiction gives the appeals courts the power to actually modify or even reverse in some cases, the lower court’s decision appealed.
Federal circuit courts, State superior courts, State courts of appeal, State supreme courts, Federal district courts And the United States Supreme Court have appellate jurisdictions.
Please notice here than federal district courts can serve both as trial and appellate courts. Federal District courts have appellate jurisdiction on the appeals from the state supreme courts, when the appeal involves constitutional questions/issues.
Explanation / Answer
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3. a. Define malice as it is used in connection with defamation.
b. Discuss the defense that are available to claims of disparagement and defamation. (A 2-page response is required.)
4. Discuss the difference between compensatory, punitive, and nominal damages. Provide an example of punitive damages, including a citation for the case. (A 2-page response is required.)
5. a. Evaluate: Everyone who loses his or her job is entitled to unemployment compensation.
b. Analyze: It is important to know whether one is an employee or an independent contractor in case the person is injured at work.
c. Evaluate: this statement: Worker's compensation legislation considers fault.
d. Explain why someone might think this statement is true: The worker's compensation system is not always beneficial to worker's. (A 2-page response is required.)
6. a. Explain relationship between the Wagner Act and the Taft- Hartley Act.
b. Evaluate this statement: The National Labor Relations Act (NLRA) protects all American workers. (A 2-page response is required.)
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