Civil seems vital because this would determine which


Civil Litigation and Federal Courts

In this assignment, we will
define jurisdiction, answer the questions on what bases could a private dispute
be decided in Federal Court and what is the result of a Motion to Dismiss if
the moving party is successful? We will then define enforcing a judgment and
discuss how alternative dispute resolution (ADR) compares to Civil Litigation.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

Define Jurisdiction

Jurisdiction is the power a court has to try cases and rule on legal
matters within a particular geographic area and/or over certain types of legal
cases enforceable by law or the constitution (Hill, G., & Hill, K.
(n.d.).  Based off of this definition,
determining the jurisdiction of a case seems vital because this would determine
which court would try the case. The Cornell Law school website states that the
authority for a particular court to exercise jurisdiction is granted by the
constitution or by the laws of that state. When determining whether a court has
the power to try a certain case, the situation can be broken down in three
elements; determining if the court can hear a particular individual’s case
(personal jurisdiction), determining whether the court can preside over the
subject matter and whether the court has the power to make a enforceable
decision on the case. State courts have jurisdiction over matters that happen
in state; they can try cases within the limits granted by state legislation.
For example, some states can only preside over cases that involve individuals
from that state. When states intend to try cases by citizens of other states
they have to fulfill territorial jurisdiction requirements. Most of the time
federal courts have jurisdiction that is restricted or confined by laws. Superior
Courts or District or County Courts have control of lawsuits for large sums of
money and matters of domestic relations which are things like divorce, estates
of deceased persons, guardianships, and felony trials. Superior courts also
have appellate jurisdiction which gives them the mandate to rectify any mistakes
made by a junior court.

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

A private dispute may be decided in Federal Court if there’s a
contravention of Federal Law along with diversity jurisdiction. For diversity
jurisdiction to be exerted two requirements must be fulfilled: (1) the
plaintiff and defendant must be citizens of different states; and (2) the
amount in controversy must be greater than $75,000, exclusive of interest and
costs” (Jurisdiction over the Subject Matter of the Action (Subject Matter
Jurisdiction). (n.d.). To have complete jurisdiction over a case, a federal
trial court must have both jurisdictions over the parties or things (personal
jurisdiction) and jurisdiction over the subject matter. This rule applies to
every cause of action and every party in a case. For example, if the court has
the requisite jurisdiction for counts one through seven of a complaint,
counterclaim, cross claim or impleader, but is lacking subject matter
jurisdiction over count eight, the court may not hear count eight”
(Jurisdiction over the Subject Matter of the Action (Subject Matter Jurisdiction
 (n.d.).

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

A motion for dismissal is an application in a lawsuit or criminal
prosecution filed by a defendant asking the judge to rule that the plaintiff or
the prosecution has not and cannot prove its case. It is a common pre-trial
move by the defendant that allows the dismissal of a case before it is properly
heard in court. This motion is most often made after the plaintiff or
prosecutor has presented all the evidence they have. They can make it to the
end of the evidence presentation but before judgment, or upon evidence being
presented they have to prove to the judge why the case should not be thrown out
.  This is usually an oral motion, and
arguments are made in private in the judge’s chambers, the jury does not get to
hear this motion. If the moving party is successful the case or claim is thrown
out and cannot be used at the trial of the legal issue. According to Pre-trial
Motions Practice” By filing a motion to dismiss for failure to state a claim
upon which relief can be granted means, the moving party is asking the court to
dismiss the complaint because the allegations contained within the complaint do
not form any legally cognizable claim. In other words, the movant is asserting
that even if all the plaintiff’s claims were true, there is no relief that the
court would be empowered to grant to the plaintiff” (Pre-trial Motions
Practice. (n.d.). Motions to dismiss arise when the court is violating
jurisdiction by hearing the case, wrong venue, when the plaintiff fails to
accurately state a claim or when there is a dispute concerning the inclusion of
all necessary parties in the case to facilitate a fair judgment.

 

Define Enforcing a Judgment

Judgment can be executed in number of ways depending on the nature of
the case. In criminal law, a judgment is enforced by the government. The
judgment in a criminal matter often results in the imposition of a jail
sentence or other penalty, which government authorities will themselves
enforce. Defendants can be ordered to pay a fine, put on probation, or sent to
jail. However, in civil law, one party is left to enforce judgment against the
party that the judgment has been entered against. When one party to a lawsuit
does not comply with the judgment issued by the court, it is up to the other
party to seek relief; that is, actually obtain the judgment as ruled by the
court” (What Is Judgment Enforcement? (n.d.). If you have won your Case and
obtained a Judgment against the defendant, the Court will write to the
defendant ordering him or her to pay you the amount owed. The plaintiff can
seek help from the law enforcement to facilitate compliance by the defendant.

 

 

How does ADR compare to Civil Litigation?

Litigation is the process by which a case by a plaintiff against a
defendant is heard before a judge in court. 
ADR is a series of substitute methods for conflict resolution other than
court based adjudication” (Schroeder, P. (n.d.). ADR means “alternative
dispute resolution” and encompasses many alternatives to litigation of
civil disputes, of which mediation and arbitration are the best-known examples.
ADR usually works to the advantage of the party seeking the ADR because a
contract or such has been breached or because the company wants to save money
and not lose time on a particular issue. Whereas with civil litigation is an
actual lawsuit and requires one to devote time and money to researching and
their legal issues solved in their favor. Sometimes a judge may recommend ADR
to save the court time and money through prosecution. The judgments from the
ADR processes are binding and enforceable. When comparing the ADR process
against the litigation process, we find that litigation costs more money, is
slower and more tedious due to the large volume of cases awaiting trial.
Therefore for some lawsuits, ADR is not only efficient but the more effective
process.

 

 

 

 

 

 

 

 

 

x

Hi!
I'm William!

Would you like to get a custom essay? How about receiving a customized one?

Check it out