Adam‚ a resident of Utah in the Federal Court in California. He sought $60‚000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles‚ California. Does the Federal Court have jurisdiction? No the federal court does not have jurisdiction over this case. In order for this case to fall within the guidelines of a federal suit it would have to qualify for diversity of citizenship. Diversity of citizenship exists in suits between (1) citizens of different states‚ (2)
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he United States Supreme is the highest court and considered the supreme law of the land. This federal system is composed of three branches of government called the Judicial‚ Executive‚ and the Legislative. The supreme court is considered “separate from the executive and legislative branch.” (Court Role and Structure) The reason that it is separate is because the judges in the supreme court are not supposed to use bias in any case so they don’t want to be recognized as even having a party affiliation
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States shares power between the federal government and the state governments. Our political system dictates that both the federal government and each of the state governments have their own court systems. Therefore‚ while the Constitution states that the federal government is supreme with regard to those powers delegated to it‚ the states remain supreme in matters reserved to them. Both the federal and state governments need their own court systems to apply and interpret their laws which are done by
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contract which relates to the contract conscionability which confirms to be conscience. Unlike Unconscionable means unfair or unjust. In any law of a contract it means that the contract or the terms and conditions are unjust that the court will be forced to decline it. The contract should be found both procedurally and substantively unconscionable for the court to prove it unconscionability. (D.R. Horton‚ Inc. v. Green‚ 120 Nev. 549‚ 553‚ 96 P.3d 1159‚ 1162) (2004). Unconscionability can be described
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about the law and the judicial system of the nation. There are many things that fictional accounts of lawyers‚ judges‚ and courts confuse or create simply to meet the needs of the fiction or make a specific point. Because the intricacies of the legal profession are not well known or explained in school or by the media‚ unfortunately‚ people often only have fictional accounts of the law to educate them. The result‚ unfortunately‚ is that the majority of Americans have incorrect beliefs of the law‚ judges
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This assignment will consider the differences in Civil and Criminal law. It will explain the roles of solicitors‚ Barristers‚ Judges and Magistrates. It will also critically look at the features of the European Court of Human Rights 4Civil law is a private law.it settles matters between two individuals and organisations. It still has the roman standard in many countries because it was originated from the Roman law. The end result is mostly damages in civil law. Example of civil cases includes Donoghue
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The United States Court System: An Overview Article III of the United States Constitution states “… Judicial Power of the United States shall be vested in one Supreme Court‚ and in such inferior courts as the Congress may from time to time ordain and establish‚” (Osterburg& Ward‚ 2004‚ p. 617) providing the basis of the federal systems of government. This system is known as federalism embracing national and state governments. A significant and complex feature of the judiciary in the United States
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The Crucial Difference Between Law and Justice Are law and justice the same thing? Many believe the idea that if one disobeys the law‚ they must be brought to justice. However‚ this isn’t always the case. The fact that there is law permitting or forbidding an act that does not determine that it is right or wrong. While justice is meant to be administered with the utmost fairness and equality‚ Arthur Miller’s play The Crucible demonstrates that this does not always prevail. In The Crucible by
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The Viability of the International Court of Justice The International Court of Justice is the main judicial branch of the United Nations. This organ is open to all members of the United Nations and its establishment has been dictated by the UN Charter since its inception in 1945 in San Francisco. The ICJ for all intents and purposes is an ideal that has come into being‚ a precursor of a branch of a future world government. Governments who wish to settle legal disputes may submit jurisdiction
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by watching medical shows on television or believe they would know what to do in a medical emergency because they have seen it done on television. The same goes for Americans’ knowledge about Court hearings and the judicial system. Many things are done on television by actors playing lawyers or judges that are done just for the purpose of entertainment. “Reality-based” Court shows such as Judge Judy‚ People’s Court and Divorce Court dominate television ratings every day. Because the judicial system
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