ADMS 2610 Lecture Notes - Lecture 1: Concurrent Jurisdiction

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ceruleanbutterfly567

7 Feb 2016

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Robert Levine

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Document Summary

One of the problems with any text on the subject is some key terms are used before you get to the various chapters which better explain them. Chapter 1 you will find reference to terms such as action, case, legislation and jurisdiction, each of which has a specific meaning or meanings, but you will not yet have a proper basis for understanding what is meant. It begins with a claim and ends in a decision of the court. Other words for action are, law suit, legal proceeding, action at law and case. For example, consider the following: stewart jones v. bank of montreal. The plaintiff or person who brought the law suit or action or case was stewart jones and the defendant against whom the law suit was brought was the bank of montreal. This case can also be referred to as jones v. bank of. You will learn more about cases/legal decisions when we discuss the.

Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

emeraldpanda983

Read problem 11.56 Client Request for Attorney Letter on pages491 and 492 of the textbook. Describe the omissions, ambiguities,and inappropriate statements and terminology in Brownâs letter.Remember that this is Brownâs letter requesting a response toauditors, but it must request responses in the manner most usefulto auditors. Problem:11.56: Client Request for Attorney Letter. Thefirm of Cole and Cole, CPAs, is auditing the financial statement ofConsolidated Industries Co., for the year ended December 31, 2012.On May 6, 2013, C. R. Brown, Consolidatedâs chief financialofficer, gave the auditors a draft of an attorney letter for Coleâsreview before mailing it to J. J. Young, Consolidatedâs outsidecounsel. The letter is intended to elicit the attorneyâs responsesto corroborate information furnished to the auditors by managementconcerning pending and threatened litigation, claims, assessments,and unasserted claims and assessments. Clientâs Attorney LetterRequest May 6, 2013 J.J. Young, Attorney at Law 123 Main Street,Anytown, USA Dear J. J. Young: In connection with an audit of ourfinancial statements at December 31, 2012, and for the year thenended, management of the Company has prepared, and furnished to ourauditors, Cole and Cole, CPAs, a description and evaluation ofcertain contingencies, including those set forth below, involvingmatters with request to which you have been engaged and to whichyou have devoted substantive attention on behalf of the Company inthe form of legal consultation or representation. Your responseshould include matters that existed at December 31, 2012. Becauseof the confidentiality of all these matters, your response may belimited. In November 2012, an action was brought against theCompany be an outside salesman alleging breach of contract forsales commissions and asking an accounting with respect to claimsfor fees and commissions. The causes of action claim damages of$3,000,000, but the Company to a successful judgement on behalf ofthe plaintiff is slight. In July 2012, an action was broughtagainst the Company by Industrial Manufacturing Company(Industrial) alleging patent infringement and seeking damages of$20,000,000. On October 16, 2012, the U.S. District Court decidedthat the Company had infringed on seven Industrial patents andawarded damages of $14,000,000. The Company vigorously denies theseallegations and has filed an appeal with the U.S. Court of Appeals.The appeal process is expected to take approximately two years, butthere is some chance that Consolidated may ultimately prevail.Please furnish to our auditors such explanation, if any, that youconsider necessary to supplement this information, including anexplanation of those matters as to which your views may differ fromthose stated, and an identification of the omission of any pendingor threatened litigation, claims, and assessments or a statementthat the list of such matters is complete. Your response may bequoted or referred to in the financial statements without furthercorrespondence with you. You also consulted on various othermatters considered to be pending or threatened litigation. However,you may not comment on these matters because publicizing them mayalert potential plaintiffs to the strengths of their cases. Inaddition, various other matters probable of assertion that havesome chance of an unfavorable outcome, as of December 31, 2012, arepresently considered unasserted claims assessments. Respectfully,C. R. Brown Chief Financial Officer

Need a 150 word response here are the instructions

Part 2: Peruse some of the Blog entries made by your fellow classmates and your instructor (click on your name at the right and a menu with each students' completed blogs will appear). Choose at least one that you found useful and comment on how the website helped you with your understanding. The comment should be 150 words minimum

Out of all the different current environmental issues that we have. I decided to pick overpopulation. Overpopulation is a never-ending human tragedy that has been causing all sorts of environmental issues. Such as: Water pollution, resources crisis, gender imbalance, pollution, land pollution and more. One of the biggest tragedies that we are having is technology. Yes technology is great because it has the ability to save lives and have better medical treatments, but it also bad because have the time people are staying at their phones throughout their days. I think we have become worse and human communication and contact then when we had nothing and were forced to talk to people face to face. With all this population there has been an increase in deaths more than ever, immigration which is not good. We canât afford to help everyone that decides to come from one country to another. One thing that I have learned is Acid Rain. I have heard it before but never really understood it. It is basically rain that is acidic from the atmosphere from cars or industrial processes. Honestly Iâm not sure what we can do and help but we are overpopulated and itâs everyone and everything around us.

References:

http://www.conserve-energy-future.com/causes-effects-solutions-of-overpopulation.php

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ADMS 2610 Lecture Notes - Lecture 1: Concurrent Jurisdiction

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