Mandatory Arbitration: Discussion Assignment

Week 1 Discussion Assignment - 2 Parts

Due 11:59pm Friday
Part 1 - Choose one part of the assigned textbook question to answer Part 2 - Choose ONE of the options

Part 1 - Choose one part of the assigned textbook question to answer

An important concept this week is jurisdiction.  As the text explains, a court must have subject matter jurisdiction to hear a case.  Subject matter jurisdiction is rather straight forward - the court must have jurisdic tion to hear the particular type of dispute (see my video for further explanation of this concept). Now look at Question 2 (p. 71) and pick either b, c, or d to answer. Explain your answer using legal terms and concepts from this week's readings. (b) Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of a stairway. She claims damages of $30,000.

The general trial court of Texas would have sole jurisdiction. There is no federal court diversity jurisdiction because the amount in dispute is less than $75,000. Top of Form

Part 2 - choose ONE of the options

Choice #1 Mandatory Arbitration
Read the Mandatory Arbitration section (p. 45) and the supplemental materials provided:  Link to Letter to Congress and Arbitration Fairness Act (Proposed), then consider the following hypothetical: Let's suppose you are the CEO and majority shareholder of FacTree, a small manufacturer of artificial trees and flowers.  FacTree has about 100 workers who do the routine assembly work for pay ranging from $8 per hour to $15 per hour. They work in two shifts.  There are about a dozen supervisors who oversee their work.  In the past few years there have been five employment lawsuits: three concerned sexual harassment and two concerned discrimination in promotion.  All five settled before trial.  For three...
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