Business Law Module 1

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Module 1 Case Analysis Assignment Chapter 3 Question 1 (pg. 65) Q: Explain the two types of jurisdiction that a court must have to hear a case and render a binding decision over the parties. A: Original Jurisdiction involves parties that present evidence and witnesses to testify. With the original jurisdiction the courts have the power to hear a case as soon as it enters the legal system. Appellate Jurisdiction is the ability to review the transcripts of trial courts and see if they may have made an error in their decision. The appellate decision questions the law not the facts. Question 3 (pg. 65) Q: Identify and define the alternative tools of discovery. A: Interrogatories are questions that attorneys work with the clients to answer and are sent and answered under oath from one party to another. Request to produce documents is used to force certain documents to be turned over that are relevant to the case; such as photographs, medical records, contracts physical or mental examination may get requested or other governmental documents. Deposition is a testimony that an attorney obtains before trial under oath. A deposition is used to help filter out or find inconsistencies between the witnesses. Question 4 (pg. 65) Q: Explain the three threshold requirements a plaintiff must meet before he or she can file a lawsuit. A: Standing (standing to sue) has to affect the plaintiff personally. There must be personal gain for the plaintiff; one cannot sue for a friend. Case or controversy has three criteria that are necessary for it to exist. The first should be an adverse relationship between the plaintiff and the defendant. Second out of the parties involved, at least one must provide an actual legal dispute. Ripeness is when a judge has the ability of the judges’ decision to affect the parties immediately. Question 5

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