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Review Chapter 4 of your Course Text, Law, courts and justice in america. Pay attention to the layout of the various courts, depending on jurisdiction and specific judicial powers.
Review the article “Understanding the Federal Courts.” Focus on the federal courts’ jurisdictional authority. Reflect on the types of cases with which a federal court might be associated.
Review the website, “State Courtsâ€â€by Jurisdiction.” Pay particular attention to your state court”s model.
Review the “Introduction,” “General,” and “The Hearing” sections in the article “Frequently Asked Questions About the Federal Sector Hearing Process.” Pay particular attention to how the Equal Employment Opportunity Commission (EEOC), a government agency, adjudicates disputes at the Equal Employment Opportunity Commission.
Consider the following cases, and think about which court in your state would be best for each case. As you make your decision, consider how government agencies adjudicate cases and disputes.
Case #1
You have been locked in various stages of litigation over the last five years with a company. The value of your case exceeds $1 million in damages. You have already been to court-ordered conciliation efforts and have received a judicial decision that rejects your argument at the trial court level. The date of the judge’s decision is less than five days old. Both you and your counsel conclude that there is extraordinary merit in your case and that the judge has incorrectly decided. Which other courts might entertain your case?
Case #2
You are involved in a car crash with a resident from another state. The nonresident immediately seeks counsel concerning his particular rights in this case and questions which court would entertain his cause of action. His counsel notes, “Only a federal court can now entertain this case. That is the nature of diversity jurisdiction.” Think about whether this conclusion is correct.
Case #3
You are a Social Security recipient and have been denied a benefit under a determination of the Social Security Administration. The counsel for the Social Security Administration, in response to a letter of inquiry, notes, “Any appeal of our determination must be directly taken to the state court of the appellant’s residency, and once that disposition occurs, the claimant must file with the circuit court of appeals for that jurisdiction.” Reflect on the accuracy of the counsel’s claims. If they are inaccurate, reflect on the steps that may be more appropriate in the appeal.
Respond to each of the three cases. Make sure to provide examples to support your answers. Also, briefly describe which court in your state would entertain each case, when appropriate, and explain why.
Explain how government agencies adjudicate cases and disputes.
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