Business Law

Topics: Supreme Court of the United States, United States Constitution, United States Pages: 8 (2587 words) Published: June 23, 2013
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary

The power of the federal courts to decide civil disputes between citizens of different states, provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75,000). The so-called citizens may include companies incorporated or doing business in different states or a citizen of a foreign country. However, note that the federal courts traditionally refuse to exercise their diversity jurisdiction over cases involving domestic relations and probate. Diversity jurisdiction exists only when the amount in controversy is over $75,000 and there is complete diversity of citizenship between the parties. For example, diversity jurisdiction exits when a citizen of Pennsylvania is suing a citizen of Minnesota and claiming $76,000 in damages. In cases with more than two parties, complete diversity requires that there not be citizens of the same state on different side of the litigation. For example, diversity jurisdiction exists if a citizen of Pennsylvania sues a citizen of Minnesota and a citizen of New York in the same suit, but does not exist if the Pennsylvania citizen attempts to sue a Minnesota citizen and another Pennsylvania citizen. 2. What is the reason for having exclusive federal jurisdiction in issues such as bankruptcy, copyright and patent and trademarks? Those cases are heard in federal courts of limited jurisdiction, such as US Bankruptcy Court, Court of International Trade, etc., because they primarily involve federal laws. The United States Court of Appeals for the Federal Circuit is the appellate court for patent and trademark cases; bankruptcy cases are appealed in US District Court. Huo

Federal Question- Federal courts have jurisdiction over cases that arise under the U.S. Constitution, the laws of the United States, and the treaties made under the authority of the United States. These issues are the sole prerogative of the federal courts and include the following types of cases: * Bankruptcy—The statutory procedure, usually triggered by insolvency, by which a person is relieved of most debts and undergoes a judicially supervised reorganization or liquidation for the benefit of the person’s creditors. * Patent, copyright, and trademark cases

* Patent—The exclusive right to make, use, or sell an invention for a specified period (usually 17 years), granted by the federal government to the inventor if the device or process is novel, useful, and non-obvious. (2) Copyright—The body of law relating to a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. (3) Trademark—A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. 3. What are the differences between an appeals court and a trial court? The trial court tries the facts to determine a verdict, the jury making the decision on facts if the defendant doesn't ask for the judge to hear the case.

Appeals may begin in the trials court and then move to appeals courts. Those courts will initially see written arguments on the legality of the judges actions and rulings on the law or the prosecutor's, the effectiveness of the defense attorney, maybe even the jury's conduct, new evidence of innocence (rarely effective claims), and if any of those things changed the outcome of the...
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