This case of Margolin versus the businesses of Funny Face and Novelty Now is most likely best served by having this case done in a State court as the issue is a matter of product liability and does not fall into the federal court system guidelines for them taking this case. Since all parties involved are from different states and the long arm statutes in this case can be used, as “The Supreme Court stated that, with the advancement of modern communication and transportation, it is usually not unfair to require a party to defend itself in a state in which it conducts some business activity.” ("Personal Jurisdiction in Federal Courts - Jurisdiction - Personal Jurisdiction - Civil Procedure," 2016) Funny Face does market nationally through many…
the American court system. Though all members of the judiciary body remain “unbiased,” this idea suggests an overpowering force behind local petitions which are, thus, used as vehicles to deliver justice and identity. Linda Greenhouse, author of Becoming Justice Blackmun, offers an alternative approach to this question through detailed analysis of the career of Justice Blackmun. With deep insights, Blackmun effectively conveys stare decisis in relation to restrictions the Supreme Court places…
As a result, juvenile justice has been reformed to reflect a fair judicial process. Ultimately, there is a continuum of juvenile justice models that are currently being practiced. Some countries emphasize the need to provide treatment to juvenile delinquents, while other countries emphasize the need to hold these juveniles accountable for their actions. In the United States, juvenile justice tends to fall towards the justice end of the continuum. Rehabilitation is not strictly ruled out, but it…
The structure of the courts begins with trial courts which have original jurisdiction. Each of the 50 states has their own court system which is why a vast majority of cases begin in state courts although, most cases do not even make it to court at all. Most criminal and civil disputes are settled outside of court due to not enough time and resources for each case to be heard and resolved. Cases heard by state courts are most criminal, probate, contract, tort, and family law cases. In civil…
The structure of the court system, the reconciliation process, and the administration of justice and criminal investigation and prosecution are all things Vietnam’s court system has in common with the United States courts system. The Vietnamese court system is organized as followed: district people’s court, the provincial people’s court and the supreme people’s court, which is indubitably similar to the United States court structure: United states district courts, United States court of appeal…
Barclay National Bank, Ltd. Adopted in 1789, the Alien Tort Claims Act allowed even those who are not citizens of the United States to bring forth civil suits in U.S. courts for injuries related to violations of a U.S. treaty or international law. The plaintiffs in the case of Khulumani v. Barclay National Bank, Ltd sought damages against a collection of corporations including, but not limited to, BP, General Electric, IBM, Citigroup, Ford, GM, and Barclays. In Khulumani v. Barclay National…
I visited the United States District Court for the District of Columbia on February 10. This court is a federal district court and it is in the fourth position from the top, Supreme Court in the structure of the federal court system. District court has general trial jurisdiction. The Courthouse is consisted of 6 floors and each judge has his or her own courtroom. The district court and the United States Bankruptcy court are in the same building. Regarding a courtroom, when I entered there, I…
try to identify who is the majority and who is the dissenting, shall we? the opinions between 4 of the judges so far appear evenly divided, with 2, judges Arnold and burns, saying that the decision of the lower courts should be upheld, and 2, judges Curt and Dan, saying that the decision should be reversed, but when I include the opinion of the 5th judge, it shifts the outlook of the case toward reversing the decision of the lower courts. Yet, which of these opinions are the majority and…
How California’s Government Differs from the Federal Government Each state has its own government that govern the people living in that particular state. The State’s government makes ballot initiatives etc. to help the maintain a democracy in the state. The Federal government, on the other hand, makes laws, treaties etc. to help the nation as a whole. However, the State’s government differs a little when compared to the Federal government. The Federal government takes into account the whole…
government for the newly formed United States there was no way they could have predicted how much the country would grow and change. The laws and rights they included in the constitution were for there time but they also made the smart decision and leaving some of it up for interpretation and also leeway. The debate over The Supreme Court’s decision to legalize gay marriage in the United States today relates to the debate over making the supremacy clause apart the Constitution of the United…