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CHAPTER 2 HOMEWORK/BUSINESS LAW I/TORRES
Section I. Complete the Sentence. (Max. Points for Section = 20 Points). This Section contains ten (10) questions that require Students to read Chapter 2 and fill in the blank to complete the sentence correctly. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else.
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1.State trial court systems, like the New Jersey Superior Court, are typically referred to as courts of _________ jurisdiction. [Hint: Answer “General” or “Limited”]
2. The Constitution of the United States sets forth the judicial power of the United States Supreme Court and the jurisdiction of the Supreme Court in Article ________. 3. The United States Bankruptcy Court is an example of an “inferior” court of __________ jurisdiction created by Congress pursuant to the Constitutional grant of authority contained in Article III, Section 1 of the U.S. Constitution. [Hint: Answer “General” or “Limited”]
4. Subject matter jurisdiction is required to file a federal lawsuit and is satisfied in civil suits when either the United States is a party, a federal question arises under the U.S. Constitution or federal statute, or where there is ______________ jurisdiction, meaning the parties involve citizens in different states with damage claims in excess of $75,000.
5. The trial courts for the State of New Jersey are referred to generally as the ___________ Court of New Jersey.
6. The federal trial courts are known formally as the United States _________ Courts.
7. The federal appeals court for the State of New York is known formally as the __________ Circuit Court of Appeals.
8. The federal appeals court for the State of California is known formally as the __________ Circuit Court of Appeals.
9. An appellate court can overturn the decision of a trial court based on ___________ error if it finds any of the following: a trial court made a mistake in applying the law, the jury’s factual findings were not reasonably supported by the evidence or evidence was admitted that is highly prejudicial.
10. The Original Jurisdiction of the U.S. Supreme Court permits the filing of a case in the first instance in the Supreme Court in those types of cases expressly identified in Article III, Section of the U.S. Constitution. Most cases heard by the Supreme Court, however, require the parties to seek the permission from the Court to accept their case. The order by the U.S. Supreme Court that is issued to grant the parties a right of appellate review before the Supreme Court is called a Writ of __________________.
. Section II. Short Answer/Critical Thought Section. (Max. Points for this Section = 20 Points). This Section contains three questions for a maximum point total worth twenty points. Write your response in proper sentences and paragraph form. A. Explain what a “Judgment” is and identify three ways in which a party who is awarded a money judgment can compel payment of that judgment from a Defendant who refuses to pay that money judgment entered against him or her. (8 pts) B. What is required of a party to obtain a “summary judgment” successfully? (6 pts)
C. Explain two significant advantages of choosing an alternative dispute resolution method, such as arbitration or mediation, over the filing of a lawsuit for a commercial or business dispute. (6 pts)
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Section III. Practical Skills Section. (Max. Points for this Section = 10 Points). This Section consists of one Question, with various subparts, that requires you to attempt to find and read a judicial opinion. You might choose to review the short video entitled “How to Read a Case and Understand What it Means” posted on Canvas for this course under Week No. 3. Perform the basic functions required by each of the questions below and respond directly to the questions posed in their respective subparts. All work must be your own without assistance or input from anyone else.
. Q1. Read the case of Atalese v. U.S. Legal Services Grp., L.P. (2014), and respond to the following questions about the Court’s decision. The Atalese case can be accessed through the following link:
https://caselaw.findlaw.com/nj-supreme-court/1678725.html A. Who is the Plaintiff in this case? (2 Points)
B. Identify the Court that issued the Opinion and state whether it is a federal or state court. (2 Points)
C. Arbitration has a favored status in the law. Are arbitration agreements always enforceable? (1 Points)
D. In the Atalese case, the New Jersey Supreme Court cited the lower court’s recognition of the validity of arbitration clauses in commercial contracts. The Court noted the general legal principle that “an arbitration provision will be enforced so long as it is ‘sufficiently clear, unambiguously worded, satisfactorily distinguished from the other [a]greement terms, and … provide[s] a consumer with reasonable notice of the requirement to arbitrate.’” However, in the Atalese case, the New Jersey Supreme Court determined that the arbitration clause was not legally enforceable. Explain why the Supreme Court disagreed with and reversed the lower courts’ decisions and what kind of language does the NJ Supreme Court now require in arbitration clauses or agreements? (5 Points)
Section IV. Optional Extra Credit. (Max. Extra Credit Points = 5 Points) Former President Donald J. Trump is currently a Defendant in several judicial proceedings in our nation. Choose one of the proceedings in which he is a Defendant and identify: (a) the Court that he is a Defendant in; (b) whether the Court is a state or federal court; (c) the nature of the proceeding, i.e., a civil complaint or criminal prosecution; and (d) the name of the appellate court that an appeal would be filed in by the unsuccessful party.