Civil the power a court has to


Civil Litigation and Federal CourtsIn this assignment, we willdefine jurisdiction, answer the questions on what bases could a private disputebe decided in Federal Court and what is the result of a Motion to Dismiss ifthe moving party is successful? We will then define enforcing a judgment anddiscuss how alternative dispute resolution (ADR) compares to Civil Litigation. Define JurisdictionJurisdiction is the power a court has to try cases and rule on legalmatters within a particular geographic area and/or over certain types of legalcases 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 determinewhich court would try the case.

The Cornell Law school website states that theauthority for a particular court to exercise jurisdiction is granted by theconstitution or by the laws of that state. When determining whether a court hasthe power to try a certain case, the situation can be broken down in threeelements; determining if the court can hear a particular individual’s case(personal jurisdiction), determining whether the court can preside over thesubject matter and whether the court has the power to make a enforceabledecision on the case. State courts have jurisdiction over matters that happenin state; they can try cases within the limits granted by state legislation.For example, some states can only preside over cases that involve individualsfrom that state. When states intend to try cases by citizens of other statesthey have to fulfill territorial jurisdiction requirements.

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Most of the timefederal courts have jurisdiction that is restricted or confined by laws. SuperiorCourts or District or County Courts have control of lawsuits for large sums ofmoney and matters of domestic relations which are things like divorce, estatesof deceased persons, guardianships, and felony trials. Superior courts alsohave appellate jurisdiction which gives them the mandate to rectify any mistakesmade 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 acontravention of Federal Law along with diversity jurisdiction. For diversityjurisdiction to be exerted two requirements must be fulfilled: (1) theplaintiff and defendant must be citizens of different states; and (2) theamount in controversy must be greater than $75,000, exclusive of interest andcosts” (Jurisdiction over the Subject Matter of the Action (Subject MatterJurisdiction).

(n.d.).

To have complete jurisdiction over a case, a federaltrial court must have both jurisdictions over the parties or things (personaljurisdiction) and jurisdiction over the subject matter. This rule applies toevery cause of action and every party in a case. For example, if the court hasthe requisite jurisdiction for counts one through seven of a complaint,counterclaim, cross claim or impleader, but is lacking subject matterjurisdiction 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 issuccessful?A motion for dismissal is an application in a lawsuit or criminalprosecution filed by a defendant asking the judge to rule that the plaintiff orthe prosecution has not and cannot prove its case. It is a common pre-trialmove by the defendant that allows the dismissal of a case before it is properlyheard in court. This motion is most often made after the plaintiff orprosecutor has presented all the evidence they have.

They can make it to theend of the evidence presentation but before judgment, or upon evidence beingpresented they have to prove to the judge why the case should not be thrown out.  This is usually an oral motion, andarguments are made in private in the judge’s chambers, the jury does not get tohear this motion. If the moving party is successful the case or claim is thrownout and cannot be used at the trial of the legal issue. According to Pre-trialMotions Practice” By filing a motion to dismiss for failure to state a claimupon which relief can be granted means, the moving party is asking the court todismiss the complaint because the allegations contained within the complaint donot form any legally cognizable claim. In other words, the movant is assertingthat even if all the plaintiff’s claims were true, there is no relief that thecourt would be empowered to grant to the plaintiff” (Pre-trial MotionsPractice. (n.d.).

Motions to dismiss arise when the court is violatingjurisdiction by hearing the case, wrong venue, when the plaintiff fails toaccurately state a claim or when there is a dispute concerning the inclusion ofall necessary parties in the case to facilitate a fair judgment. Define Enforcing a JudgmentJudgment can be executed in number of ways depending on the nature ofthe case. In criminal law, a judgment is enforced by the government. Thejudgment in a criminal matter often results in the imposition of a jailsentence or other penalty, which government authorities will themselvesenforce. Defendants can be ordered to pay a fine, put on probation, or sent tojail. However, in civil law, one party is left to enforce judgment against theparty that the judgment has been entered against. When one party to a lawsuitdoes not comply with the judgment issued by the court, it is up to the otherparty to seek relief; that is, actually obtain the judgment as ruled by thecourt” (What Is Judgment Enforcement? (n.

d.). If you have won your Case andobtained a Judgment against the defendant, the Court will write to thedefendant ordering him or her to pay you the amount owed.

The plaintiff canseek 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 adefendant is heard before a judge in court. ADR is a series of substitute methods for conflict resolution other thancourt based adjudication” (Schroeder, P.

(n.d.). ADR means “alternativedispute resolution” and encompasses many alternatives to litigation ofcivil disputes, of which mediation and arbitration are the best-known examples.ADR usually works to the advantage of the party seeking the ADR because acontract or such has been breached or because the company wants to save moneyand not lose time on a particular issue.

Whereas with civil litigation is anactual lawsuit and requires one to devote time and money to researching andtheir legal issues solved in their favor. Sometimes a judge may recommend ADRto save the court time and money through prosecution. The judgments from theADR processes are binding and enforceable. When comparing the ADR processagainst the litigation process, we find that litigation costs more money, isslower and more tedious due to the large volume of cases awaiting trial.Therefore for some lawsuits, ADR is not only efficient but the more effectiveprocess.

         

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