LE 101 Lecture Notes - Lecture 4: United States District Court

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maroongnat519

30 Sep 2018

School

Quinnipiac University

Department

Legal Studies

Course

LE 101

Professor

Prof Brandt

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Document Summary

Chapter 4: the court system and the role of judges. Unites of the judicial branch with authority to decide legal disputes. Courts ability to hear a type of case depends on whether it has jurisdiction. Trial courts determine the facts and apply the law to the facts. Questions of fact: questions relating to what happened, who, what, where, when. Questions of law: questions relating to the interpretation or application of the law as it relates to those. Party who loses at trial court can appeal decision to appellate court. Appellate court determines whether lower court made errors of law. Appellate court review limited to legal issue (do not hear facts) Appellate court relies on trials courts written record. Sit in panels of judges (3 or more) Appellant/petitioner: party who initiated an appeal (loser at lower court) Appellee/respondent: party against whom an appeal if led; this party responds to the claim(s) made on appeal (winner of lower court)

Related Questions

Business Law by Henry R. Cheeseman Critical Legal Thinking Cases 1.1 Fairness of the Law: In 1909, the state legislature of Illinois enacted a statute called the "Woman's 10-Hour Law." The law prohibited women who were employed in factories and other manufacturing facilities from working more than 10 hours per day. The law did not apply to men. W.C. Ritchie, an employer, brought a lawsuit that challenged the statute as being unconstitutional in violation of the Equal Protection Clause of the Illinois Constitution. In Upholding the statute, the Supreme Court of Illinois stated: It is known to all men (and what we know as me we profess to be ignorant of as judges) that woman's physical structure and the performance of maternal functions place her at a great disadvantage in the battle of life; that while a man can work for more than 10 hours a day without injury to himself, a woman, especially when the burdens of motherhood are upon her, cannot; and that to require a woman to stand upon her feet for more than 10 hours in any one day and perform severe manual labor while thus standing, day after day has the effece to impair her health and that as weakly and sickly women cannot be mothers of vigorous children. We think the general consensus of opinion that a working day of more than 10 hours for women is justified for the following reasons: 1) the physical organization of women 2) her maternal function 3) the rearing and education of children 4) the maintenance of the home Surrounded as women are by changing conditions of society, and the evolution of employment whick environs them, we agree fully with what is said by the Supreme Court of Washington in the Buchannan case; "law is, or ought to be, a "progressive science." **

QUESTION: Is this statute fair? Would the statute be lawful today? Should the law be a "progressive science"?

Chapter 13 Assignment Law of Property: Real and Personal

Due Date: Refer to the Course Calendar

Submit questions and answers, not just your answers.

Please answer the following questions with complete sentences.

Points will be deducted if answers are not in complete sentences.

1. What are the similarities and differences between a cooperative and a condominium?

2. Sometimes courts offer multiple reasons for their decisions. The fact that the lower court offered two distinctly different reasons for granting summary judgment to the Homeowners Associations was especially important in the case of Burton Stevens v. Elk Run Homeowners. Association, Inc. Why? Please be very detailed.

3. Why might an inventor prefer to protect an invention using trade secret law rather than patent law, or vice versa?

4. The Trade-Related Aspects of International Property Rights (TRIPS) is administered by whom?

5. The patent holder has a guarantee of an exclusive monopoly on the use of the invention for how many years?

6. Many countries require a business to be what to register a domain name in the country?

7. Because of the Takings Clause of the U. S. Constitution, what are the two requirements when the government wishes to take someoneâs private property?

8. What are the bundles of rights associated with Real Property?

9. Explain everything that is included in the ownership of land.

10. List and describe the different interests in Real Property.

11. Define easement. List and describe the three different types of the easement.

12. List and describe the three types of co-ownerships.

orangewombat200

Read the following case: An individual, Sam Rice, was injured while using a survival knife manufactured by the BearArms Knife Company. Sam is a resident of the state of Iowa. He was injured in the state of Iowa, where he was using the knife to whittle a wooden cup. The BearArms Knife Company is located in the State of Delaware. It sells its knives to retail stores throughout the United States. Sam bought his knife at Paul's Discount in Iowa City. Sam's injuries cost him in terms of doctor's bills and missed income from not being able to work well over $200,000.

Sam sued BearArms Knife Company in Iowa state court for negligence. BearArms Knife Company did not, however, respond to or otherwise contest Sam's lawsuit, and Sam was awarded $425,000 in damages by the trial court.

Based on the legal information that you learned in this chapter, write a 1-2 sentence answer for each of the following questions.

1. What type of judgment did the trial court award against BearArms Knife Company?

2. Which court(s)--state and/or federal courts--would have jurisdiction over Sam's lawsuit against BearArms Knife Company?

3. Explain the reasoning for your answer to question 2.

4. What state law would Rice have invoked in trying to show that the Iowa state court had personal jurisdiction over BearArms Knife Company?

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LE 101 Lecture Notes - Lecture 4: United States District Court

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