Federal Courts Exercise Jurisdiction Discussion
QUESTIONS FOR REVEW
1. Define jurisdiction. Define venue. What is the difference between personal jurisdiction and subject-matter jurisdiction? What is a long arm statute?
2. Describe the types of cases over which federal courts exercise jurisdiction.
3. How do original and appellate jurisdictions differ? The relationship between state and federal jurisdiction is an example of what type of jurisdiction?
4.How do the functions of a trial court differ from the functions of an appellate court?
5. Describe the procedure for cases to reach the United States Supreme Court.
6. Describe the various methods of alternative dispute resolution.
ETHICS QUESTION Aaron is a paralegal with a law firm that specializes in intellectual property law. Aaron’s supervising attorney asks him to e-mail a letter to the client that the attorney has prepared. The letter and its attachments discuss a patent application and contain drawings and plans for a heated steering wheel that the client plans to sell to automobile manufacturers. Aaron does so without encrypting the letter or the A temporary employee working at the client’s office accesses the unencrypted e-mail and steals the information. Have any ethical rules been violated by Aaron or by his supervising attorney? If so, which rules? What could Aaron and his supervising attorney have done differently to better protect the client’s interests?
1. The American Arbitration Association (AAA) is the largest provider of alternative dispute resolution services in the country. To learn more about ADR procedures, go to www.adr.org, the home page for the American Arbitration Association. Browse through the site’s offerings and find the answers to the following questions:
a. What types of services does the AAA offer? Does the AAA engage in arbitration outside the United States?
b. Describe the steps in filing a case online.
c. Locate the form for filing a consumer demand for a non-California arbitration. Make a list of the different categories of information that the form requires. Attach a copy of the form to your assignment.
d. What are the fees to file a consumer case with the AAA? Which party pays more in a consumer arbitration, a consumer or a business?