ELEMENTS OF US LEGAL SYSTEM
SUGYSMTB
Funny_face__4_.docx.pdf
POL-10067-XJ162 Elements of US Legal System 19DA09
Memorandum
To: Katie O’Connor From: Soheila Gonzalez Date: RE: Mountain Top View Inc. Case
Jurisdiction is the right, power, or authority to administer justice by hearing and determining controversies (Dictionary.com. 2019).
State courts are courts of "general jurisdiction". They hear all the cases that are not particularly chosen for federal courts (The Judicial Learning Center. 2019). Each state makes and interprets its very own laws (The Judicial Learning Center. 2019). This helps the states maintain power and makes sure that the national government does not grow to be too strong (The Judicial Learning Center. 2019).
90% of all the cases heard in American state courts take place at the state level (The Judicial Learning Center. 2019).
Some examples of the cases that are heard include:
Crimes that are a violation of state law such as: o robbery, assault, murder, and many drug-related crimes (The Judicial Learning
Center. 2019). The controversy that emerges in out of the state constitution or other state laws (The
Judicial Learning Center. 2019). State tax violation (The Judicial Learning Center. 2019). Real estate issues (The Judicial Learning Center. 2019). Malpractice (The Judicial Learning Center. 2019). Personal injury cases, and contract disputes (The Judicial Learning Center. 2019). All family issues like:
o divorce, custody, inheritance and probate cases (The Judicial Learning Center.
2019).
1575 CAMBRIDGE ST, CAMBRIDGE MA T 617-230-3580 https://www.coursehero.com/file/61543559/Funny-face-4docx/
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Most traffic cases (The Judicial Learning Center. 2019). Juvenile cases (The Judicial Learning Center. 2019).
The federal court system that can only hear cases under special circumstances. This is called “limited jurisdiction.” Because federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with mainly happen in state courts. The types of cases Federal courts hear are ones that raise a "federal question" and those involving “diversity of citizenship". federal question cases involve the U.S. Government, the U.S. Constitution or other federal laws.
Examples of federal question cases include: Crimes that are a violation of federal law such as:
o bank robbery, drug, guns, kidnapping, bankruptcy, patent, and copyright cases
(The Judicial Learning Center. 2019). Civil cases based on federal laws, such as
o Laws prohibiting employment discrimination, laws regulating securities trading
and/or competition (anti-trust) (The Judicial Learning Center. 2019). Cases involving interstate commerce or interstate criminal activity (The Judicial
Learning Center. 2019). The controversy arising out of the U.S. Constitution or other federal laws, such as a
violation of protection guaranteed by the Bill of Rights (The Judicial Learning Center. 2019).
Cases in which the United States is a party, such as Social Security claims or federal tax violations (The Judicial Learning Center. 2019).
The controversy between two different states (The Judicial Learning Center. 2019). Native American and Maritime cases (The Judicial Learning Center. 2019).
Examples of diversity of citizenship cases include:
Cases between citizens of two different states (The Judicial Learning Center. 2019). Cases between a U.S. citizen and a citizen of another country (The Judicial Learning
Center. 2019). Keep in mind that the case must involve a claim for at least $75,000 in damages – if not then it must be filed in state court instead (The Judicial Learning Center. 2019).
In the United States district Today, there are three basic levels of the federal courts
District courts: o Is where federal cases are tried, where witnesses testify, and federal juries
serve.
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o There are 94 federal district courts in the United States.
o There are three types of Judges of the District Courts
Magistrate Judge: These are officers of the district court who are appointed by means of a majority vote of the active judges of that court (The Judicial Learning Center. 2019). Magistrate judges serve a time period of 8 years and are given responsibilities through the district court judges (The Judicial Learning Center. 2019). They hear court problems such as search warrants, set bail, and do other preliminary matters in criminal cases (The Judicial Learning Center. 2019). They may additionally also be selected to assist with a few of the steps in the judicial process that happens before the actual trial is held in both civil and criminal cases (The Judicial Learning Center. 2019). they can also preside over civil trials if all the parties’ consent (The Judicial Learning Center. 2019).
Bankruptcy Judge: These judges are officers of the district courts and preside over the bankruptcy cases that are filed in their respective districts (The Judicial Learning Center. 2019). Bankruptcy judges are appointed by way of judges on the U.S. Court of Appeals for each circuit (The Judicial Learning Center. 2019). They usually serve a 14-year term.
Appellate Judge: Each Circuit Court of Appeals has a Chief Judge (The Judicial Learning Center. 2019). This position is primarily based on seniority amongst the different judges on that court. The chief judge is the judge in regular active service with the highest seniority, who is under age 65, and has been in-active service on the court for at least one year and has now not already served as chief judge (The Judicial Learning Center. 2019). The term of the chief judge is seven years (The Judicial Learning Center. 2019).
Courts of Appeals o There is one for the “Federal Circuit,” which was set up by Congress to relieve
some of the caseloads of the Supreme Court and to hear cases that are appealed from the ninety-four district courts (The Judicial Learning Center. 2019). The U.S. Courts of Appeal are also Article III courts (The Judicial Learning Center. 2019). These Judges are appointed by the president and subject to confirmation by the Senate (The Judicial Learning Center. 2019). They generally serve a life term.
The U.S. Supreme Court o the highest court in the nation. It is additionally the only federal court named
specifically in the Constitution, which states that “The judicial power of the United States shall be vested in one Supreme Court (The Judicial Learning Center. 2019).”
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o The U.S. Supreme Court is an Article III court. Judges are appointed by the
president and are subject to confirmation by the Senate (The Judicial Learning Center. 2019). They serve a life term (The Judicial Learning Center. 2019). There are currently eight Associate Justices on the Supreme Court and one Chief Justice of the United States (The Judicial Learning Center. 2019).
Article III Judges: Judges are appointed by the president and subject to confirmation by the Senate. They serve a life term (The Judicial Learning Center. 2019). They preside over cases in the U.S. Circuit Courts of Appeals
o District Judge
Each District has a Chief Judge (The Judicial Learning Center. 2019). This position is based on seniority among the other judges on that court (The Judicial Learning Center. 2019). The chief judge is the judge in regular active service with the highest seniority, who is under age 65 and has been in-active service on the court for at least one year (The Judicial Learning Center. 2019). The term of the chief judge is seven years.
o Appellate Judge
o Senior Judge
Each District has a Chief Judge (The Judicial Learning Center. 2019). This position is based on seniority among the other judges on that court (The Judicial Learning Center. 2019). The term of the chief judge is seven years.
The Food and Drug Administration (FDA) is responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and by ensuring the safety of our nation's food supply, cosmetics, and products that emit radiation (FDA.2018). A product will be deemed to be harmful in the following situations (CFA. ND):
o If it contains elements that are poisonous substances that may render the
product harmful to one’s health (CFA. ND). o If it is stored under unsanitary conditions where the product may have become
contaminated and unhealthy (CFA. ND). In the case of Funny face vs. Novelty now falls under the federal jurisdiction because
lawsuit takes place in two different states Chris, Matt, and Ian live in California and Mr. Margolin filed a suit in the state of New York. However, the contract that was signed by the three men clearly stated all disputes must be brought to Florida. Every state has its own minimum-contract requirements. But state statutes act, states committing a tort or doing business in the state, are sufficient to allow the state to serve a defendant” (Legal Information Institute. ND). Novelty Now and Funny Face do not have any minimum-contract with the State of New York. Since it would be determined on how much business they have conducted online. Therefore, the long-arm statute would not apply to this case (Legal Information Institute. ND).
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An alternative option for the company, especially if the company wishes to avoid litigation could be a form of negotiation, mediation or arbitration. (Legal Information Institute. ND). For many companies, using alternative dispute resolution can have several advantages, for example, It would also allow Novelty Now and Funny Face to settle the lawsuit and come to a resolution faster and easier especially since they choose to use a product that was not FDA approved. Also, it would be cost-effective and finally, the dispute resolution process with arbitration would allow both parties to have more flexibility in choosing what rules can and will be applied to their dispute.
Arbitration is "the resolution of a dispute by a neutral third party outside the judicial setting" (American Bar Association, ND). Novelty Now should try to resolve the case with Mr. Margolin through arbitration. There are several factors that could benefit Novelty Now. For example, faster litigation allows the case to end faster. Arbitration is in most cases a lot less expensive than taking the case to trial, and unlike a trial, arbitration is usually a private procedure. If both parties want privacy they can, the dispute and resolution are kept private.
Mr. Margolin would benefit from either a trial or arbitration because Chris and Novelty now choose to take a cheap alternative with a product that was not FDA approved. The downside to waiting for a court date to be set. Once the date is set, the selection of a jury. If Mr. Margolin decided to choose arbitration, the process would be quicker, he would not lose time at work because the schedule would be flexible, and he could make a(n) appointment for the day, nights or weekends. Another advantage for Mr. Margolin is that arbitration is modified to suit both parties; the rule of evidence and procedure does not require the discovery procedure which frequently postpones litigation cases. Although there are many advantages to arbitration for resolution, there are also disadvantages. For example, Novelty Now there could be limited recourse; if the arbitration is binding both parties to forfeit their right to appeal to the courts later to try and get a better outcome. Another disadvantage is trying to choose an arbitrator that is impartial. Choosing an arbitrator is sometimes difficult especially when they are picked by and agency from a pool list, some may be favorite and get assigned more cases. This is a reason for concern, the arbitrator should be objective. Where arbitration is usually held in private and not in the courtroom decision is more than likely not publicly accessible. Some people think this can cause a lack of transparency and more likely to be biased or tainted which can cause one worry about arbitration decisions because arbitration is not reviewed by the courts.
Mediation is when the disputing party makes a written request to have a neutral party to help both parties’ communication and suggest ways for the parties to solve their dispute (Legal Information Institute. ND). Each party presents their case to a neutral third party which is the mediator. The mediator gives the parties a chance to identify any concerns. This discussion the mediator’s way of identifying the underlying circumstances that may have contributed to the dispute. A dispute typically arises after various problematic incidents; mediation permits the parties to address the various incidents, as well as the underlying circumstances leading to said incidents. After concerns have been highlighted, the mediator emphasizes areas of agreement and reframes the disputed points (Legal Information Institute. ND). If Novelty Now and Mr. Margolin go into litigation, Novelty now may have to
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take responsibility instead of the possibility of Mr. Margolin hearing “here is your payment, the case is closed”. Yes, Mr. Margolin’s reputation may be damaged, compensation would help but would not repair Mr. Margolin’s reputation, but a mutual agreement could be settled very easily with mediation versus litigation or arbitration.
This case shows that fraud is involved with both parties. Chris committed fraudulent concealment. Which is defined as the suppression of a material fact that a person is legally bound to disclose (Legal Information Institute. ND). Fraud generally requires the following three elements: (1) opportunity, a materially false representation made with the intent to deceive, (2) Incentive, a victim’s reasonable reliance on the false representation, and (3) damages (CFI Education Inc.2019). All three parties are subjected to charges of fraud over the use of non-FDA approved chemical the Funny Face. It was not FDA approved for Funny Face’s to use this product even though Chris was the one who made the plans with Novelty Now to use the PYR (a low-cost chemical emulsifier) product (CFA.ND). When Chris decided and agreed to the arrangements with Novelty Now, to change the product. Chris acted on behalf of everyone in his company, leaving his partners Matt and Ian to be held accountable. The verdict towards Matt and Ian might not be as harsh as Chris’ since they were not aware of the decision Chris made. Chris committed the act of crime by participating in wrongful behavior with a change of the formula. The funny face was the one who wanted the known- FDA approved chemical PYR in the product, so they would be subject to criminal liability (CFA.ND). This was negligent and they should have predicted that there could have been issues down the line for switching a formula in the product. The FDA did not approve the
chemical for a reason, they knew there were issues with the formula.
References
Dictionary.com. (2019). jurisdiction [ Joo r-is-dik-shuh n] retrieved from https://www.dictionary.com/browse/jurisdiction
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The Judicial Learning Center. (2019). State Courts vs. Federal Courts. Retrieved from: https://judiciallearningcenter.org/state-courts-vs-federal-courts/
Legal Information Institute. (ND). Long-arm statute. Retrieved from https://www.law.cornell.edu/wex/long-arm_statute
Legal Information Institute. (ND). Mediation. Retrieved from https://www.law.cornell.edu/cfr/text/7/780.9
Legal Information Institute. (ND). Sanctions. Retrieved from https://www.law.cornell.edu/cfr/text/10/218.42
CFI Education Inc. (2019). Fraud Triangle. Retrieved from https://corporatefinanceinstitute.com/resources/knowledge/accounting/fraud-triangle/
American Bar Association. (ND). Dispute Resolution Processes. Retrieved from: https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionPr ocesses/arbitration
FDA. (2018) What We Do, FDA mission. Retrieved from. https://www.fda.gov/about-fda/what- we-do
CFA. (ND). Funny Face’s case. Retrieved from https://learn.snhu.edu/d2l/le/content/267665/viewContent/5871805/View
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