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The Legal System Essay

2254 words - 9 pages

Legal System PAGE \* MERGEFORMAT 4
Legal System Identification, Comparison, and AnalysisTeam DLori Costa, Sharon Distance, Michael HansonBrandie Little, Yvette PowellAugust 25, 2008University of PhoenixLegal System Identification, Comparison, and AnalysisOur firm is committed to providing Mr. Al Jones with legal support in the matter. Our objective is to identify and analyze the legal situation in which Mr. Al Jones's company is involved. In order to preserve business's in a climate of frivolous lawsuits our firm believes that there are reparations that can always be made as Mr. Al Jones did not intentionally commit fraud by making use of the utility line. Mr. Jones's land developing company would have initially been required to receive permits through the city to begin developing the infrastructure of the new subdivision. If the reporting custodian of the city records failed to inform Mr. Jones's company regarding the easement of the utility line, Mr. Jones's development company should not be held liable. In our analysis of Mr. Jones's legal situation our firm will: describe the state and/or federal court(s) that can review the and resolve the situation, explain which court(s) have jurisdiction over the situation, identify the stages and processes for reviewing the situation in civil court, compare the proposed resolution of the civil aspects of the situation with the criminal acts resolution, and analyze the probable success of a court proceeding and any alternative means of resolving the civil matter including the role of dispute resolution.Court(s) ReviewThe U.S. court system is divided between the federal court system and the state court system. The two court systems have "jurisdiction to hear different types of lawsuits" (Cheeseman, 2007, p. 17). The state system includes separate court systems in the District of Columbia and each of the states. The purpose of the court system is to solve legal disputes and vindicate legal rights (Anonymous, 2008).State courts usually include limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a state supreme court (Cheeseman, 2007). Examples of limited-jurisdiction trial courts are traffic court, juvenile court, justice-of-the-peace court, probate court, family law courts, misdemeanor criminal law and civil cases less than a specific dollar amount (Cheeseman, 2007). Cases from state trial courts can usually be appealed to appellate courts or general-jurisdiction courts. General-jurisdiction trial courts include cases not in the limited-jurisdiction trial courts (felonies cases and cases above a specific dollar amount). General-jurisdictions courts are often divided into criminal and civil cases. Depending on the circumstances, these cases can be appealed to either the appellate courts or to the state supreme court (Cheeseman, 2007).Many states have intermediate appellate courts that can review trial court case records to see if any trial errors have...

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