Assignment: The Structure of the Courts and Court Processes

For many individuals, being involved in a court
case is very stressful and time consuming, and a lack of understanding
of the entire legal process may cause some of that stress. For a
business, it is critical to have a strong legal team working on its
behalf to manage all aspects of a case or legal issue, and many
companies employ their own legal counsel for that purpose. As an
individual working within business environments, you may have occasion
to participate in legal matters involving your organization—or to make
decisions that have legal implications. It is very helpful, therefore,
to have a solid understanding of how cases proceed through a court
system, who are the individuals involved in the courtroom process, and
which laws take priority in various situations.

This
Assignment covers the U.S. court systems, specifically which court
would have jurisdiction in a given matter, how to handle conflicting
statutes, and who participates in the court process.

To prepare for this Assignment:

• Review the Learning Resources and consider the various ways by
  which laws take precedence and how jurisdiction plays a role in
  determining how laws are enforced.
• Focus on the process of the U.S. court system, including the participants, court structures, and appeals process.
• Refer to the Academic Writing Expectations for 2000/3000-Level Courses as you compose your Assignment.

By Day 7

Submit your responses to the following prompts:

• In each of the following situations, which source of law takes priority, and why?
  • The state statute conflicts with the common law of that state. (75 words, 1 paragraph)
  • A federal statute conflicts with the U.S. Constitution. (75 words, 1 paragraph)
  • A common-law decision in one state conflicts with the U.S. Constitution. (75 words, 1 paragraph)
  • A federal statute conflicts with a state constitution. (75 words, 1 paragraph)

  For this prompt, be sure to reference at least one scholarly source to support your answer for each set of conflicting items.

• You are the administrator of a local hospital. A trial court has
  made a finding against your hospital due to the death of a patient
  during surgery. However, you believe the hospital should be not be found
  guilty under the doctrine of res ipsa loquitur since the surgeon
  has also been found guilty of malpractice and negligent homicide.
  Describe the process you would follow to appeal the trial court’s
  finding against the hospital. (225–300 words, 3–4 paragraphs)

  For this prompt, be sure to reference at least two scholarly sources to support your answer.

• You are being accused of a breach of contract and will be
  participating in a trial. Whom can you expect to take part in the trial
  process and what roles will they play in your trial? Please explain your
  answer. (225–300 words, 3–4 paragraphs)

  For this prompt, be sure to reference at least two scholarly sources to support your answer.

• The Constitution specifies that federal courts have exclusive
  jurisdiction over admiralty claims. Mr. and Mrs. Price have a claim
  against Fun-time Cruise Lines based out of Miami, Florida, for
  negligence of the cruise line. Mrs. Price sustained injuries because of
  the company’s negligence while taking a cruise to the Caribbean. The
  Price family lives in Seattle, Washington. Can they bring their claim in
  state court, or must they bring their claim in federal court? Which
  court or courts could be the trial court with jurisdiction over the
  claim? Please explain your answer. (225–300 words, 3–4 paragraphs)