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Civil go over the definition of enforcing a

Civil Litigation and Federal CourtsIn this assignment, we willlook at five areas involving civil litigation and Federal Courts.

We will definejurisdiction, and look at when a private dispute can be decided in FederalCourt. We will go over the result of a Motion to Dismiss if the moving party issuccessful. We will then go over the definition of enforcing a judgment anddiscuss how alternative dispute resolution (ADR) compares to Civil Litigation. Define JurisdictionJurisdiction in our legal system is the power of our courts to try casesand rule on legal matters within the courts geographic area.

Jurisdiction isalso applied to different types of legal cases that are enforced by the law orthe constitution (Hill, G., & Hill, K. (n.

d.).  Based off of this definition, determining thejurisdiction of a case is vital because this determines which court will trythe case in their area based off of the right set of applicable laws.

TheCornell Law school website states that “ the authority for a particular court toexercise jurisdiction is granted by the constitution or by the laws of that particularstate” (Staff, L. (2007, August 06). When determining whether a court has the power to try a certain case, thesituation can be looked at in three ways; (1) determining if the court can heara certain case by having personal jurisdiction. (2) Determining whether thecourt has the right to preside over the subject matter of the case. (3) Whetherthe court has the power to make an enforceable decision on the case. Jurisdictionis broken down at a state level by giving state courts jurisdiction overmatters that happen in their state.

So state courts can try cases within thelimits granted by their state legislation. An example of this is, some statescan only preside over cases that involve individuals from that state. Whenstates try cases by citizens of their states they have to fulfill territorialjurisdiction requirements. When it comes to federal courts most of the time theyhave jurisdiction that is restricted by certain laws.

In the case of SuperiorCourts, District Courts, and County Courts they have control of matters such aslawsuits, matters involving large sums of money and matters of relations, divorce, estate, guardianships, and felony trials. Superior courts can alsohave appellate jurisdiction which gives them the mandate to correct any mistakesmade by a junior court. (Jurisdiction over the Subject Matter of theAction (Subject Matter Jurisdiction).

(n. d.).

On what bases could a private dispute be decided in Federal Court? When it comes to a private dispute can it be decided in federal court? The answer is yes; a private dispute may be decided in Federal Court on twobases (1) that there’s a contravention of Federal Law. (2) They have diversityjurisdiction. “ For diversity jurisdiction to be exerted two requirements mustbe fulfilled: (1) the plaintiff and defendant must be citizens of differentstates; and (2) the amount in controversy must be greater than $75, 000, exclusive of interest and costs” (Jurisdiction over the Subject Matter of theAction (Subject Matter Jurisdiction).

(n. d.). To have complete jurisdictionover a case, a federal trial court must have jurisdictions over both theparties and jurisdiction over the subject matter. This rule applies to everycause of action and every party in a case. An example of this would be if thecourt has the jurisdiction for certain charges lets say one through seven of acase, as well as a counter-claim, a cross claim or impleader, but the court ismissing the subject matter jurisdiction over count eight, then the court can nothear count eight (Jurisdiction over the Subject Matter of the Action (SubjectMatter Jurisdiction (n. d.

). What is the result of a Motion to dismiss if the moving party issuccessful? To answer this lets first define a motion for dismissal. “ A motion fordismissal is an application in a lawsuit or criminal prosecution filed by adefendant asking the judge to rule that the plaintiff or the prosecution hasnot and cannot prove its case” (Pre-trial Motions Practice.

(n. d.). This can bea common pre-trial move by the defendant that allows for the dismissal of acase before it is fully presented in court. This motion is most often madeafter the prosecutor has presented all the evidence they have.

The defense canmake it to the end of the evidence presentation but it has to submit thismotion before the judgment, or upon evidence being presented. The defense hasto prove to the judge, why the case should not be thrown out. This is usuallydone orally and then the arguments are made in the judge’s chambers, so thejury does not get to hear these types of motions. If the moving party issuccessful, the case or claim is thrown out and cannot be used at the trial ofthe legal matter. According to Pre-trial Motions Practice “ By filing a motionto dismiss for failure to state a claim upon which relief can be granted means, the moving party is asking the court to dismiss the complaint because theallegations contained within the complaint do not form any legally cognizableclaim” (Pre-trial Motions Practice. (n. d.).

In other words, even if all the plaintiff’s claims are true, there isno relief that the court is able to give to the plaintiff (Pre-trial MotionsPractice. (n. d.).

Some example scenarios where motions to dismiss can arise wouldbe when the court is violating jurisdiction by hearing the case, its at the wrongvenue, or when the plaintiff fails to state a claim accurately and there is adispute concerning the involvement of all the parties in the case to be able toreach a fair judgment. Define Enforcing a JudgmentThere are different types of Judgment that can be executed in number of differentways depending on the nature of the case. In criminal law, a judgment is upheldby the government. One of the most common judgments in a criminal matter is thesentence of jail time, which government authorities are responsible to enforce. Some examples of different judgments are defendants ordered to pay a fine, puton probation, or they can be sent to jail. In civil law, one party enforces thejudgment against the other party.

When a party in a lawsuit does not complywith the judgment by the courts, it is left up to the other party to seek relief(What Is Judgment Enforcement? (n. d.). If you have won your Case and obtained aJudgment against the defendant, the Court will then write to the defendantordering him or her to pay you the amount owed in the judgment. The plaintiffcan also do things like seek help from law enforcement to help ensure that thedefendant complies with the judgement. 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 methodsfor conflict resolution other than court based adjudication” (Schroeder, P.(n.

d.). ADR means “ alternative dispute resolution” and encompassesmany alternatives to litigation of civil disputes, of which mediation andarbitration are the best-known examples. ADR usually works to the advantage ofthe party seeking the ADR because a contract has been breached or because thecompany wants to save money and time on a particular issue. Civil litigation isan actual lawsuit and requires time and money for researching their legal issuewith the end result being a judgment in their favor. Sometimes a judges recommendADR to save time and money through prosecution. The judgments from the ADRprocesses are both 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 most effectiveprocess. Conclusion Seeing how there are different courts for different sets of laws andunderstanding what a judgment is and how they are carried out showcases how ourjustice is designed to well regulated and fair. For me the biggest thing thatstood out was the ability to get a resolution by other means with (ADR).

Looking at the size of our society and how many disputes there are in thiscountry as a whole, you start to respect the separation of law into levels tohave a fair and impartial legal system in our country.

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