Question

Assignment Questions: (Short Essay Format -- minimum 100 words per answer) You must give the Source(s) of your answers (textbooks; websites etc.) to avoid receiving a low grade.

Define "Jurisdiction." On what bases could a private dispute be decided in Federal Court?

What is the result of a Motion to Dismiss if the moving party is successful?

Define "Enforcing a Judgment." How does ADR compare to Civil Litigation?

End of Questions

Answer 1

Define Jurisdiction

Jurisdiction refers to the authority that is granted to a court to rule on legal matters or try cases over certain legal cases in particular geographic areas. It also refers to the power right or power of a political or legal agency to exercise its authority over a subject matter, a person or territory. Jurisdiction over to subject matter relates to the authority that is derived from a country’s constitution to consider a particular case (Mallor, 2010). Jurisdiction over a territory, on the other hand, refers to the geographical area in which a court has authority over.

On what basis could a private dispute be decided in Federal Court?

A private dispute may be settled in a federal court if the concerned parties are from different states and if the amount at issue exceeds $75,000. Secondly, it can be decided by a federal court if it involves a violation of the federal law (Mallor, 2010). For example, if the defendant owes another person $220,000 and they are from different, the case will be determined by the federal court.

What is the result of a Motion to dismiss if the moving party is successful?

In the case a motion to dismiss is won, the defendant wins the case without any issue. This can be granted for many reasons often referred to as grounds in the court system such as wrong jurisdiction and demurrer. Demurrer relates to a situation when the plaintiff cannot recover anything even in the case he or she wins due to there being no law broken

Define "Enforcing a Judgment."

This refers to the act of collecting the monetary amount once the court has ruled. The things that can be done if a defendant does not pay the money or return the goods after a judgment are also referred to as enforcing a judgment. Enforcement may require discovery in aid of execution, to levy on assets and other proceedings and proceedings to garnish wages and other bank accounts. Before enforcement of judgment, it should be put into consideration of the defendant has any assets or income to pay the debt or pay the value of the goods if the goods are not returnable. The defendant is known as the judgment debtor after the ruling has been awarded required paying fees as for some enforcement action.

How does ADR compare to Civil Litigation?

ADR means alternative dispute resolution and entails the alternatives to the litigation of civil disputes. Mediation and arbitration are some examples. A mediator refers to an experienced neutral party who assist the parties involved in a dispute to explore the available settlement possibilities while an arbitrator is a person agreed upon to settle a dispute finally and the arbitration will be binding (Decker, 2013). It is often efficient and usually faster and cheaper than trial and can be of mutual advantage. Litigation refers to prosecuting a lawsuit and often a judge will send a case to arbitration or mediation to get it resolved and save the court and litigant’s money and time.