Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts a broad form of subject-matter jurisdiction so that their citizens will be free to try a wide variety of cases in their courts. However, the defining detail is that despite the fact that most courts will be able to hear most claims, there are big differences one which courts can hear which claims with the state courts hearing the bulk load of cases -- 96,000,000 cases per year versus 1,900,000 cases in the federal court (Glannon, 2008). Much goes into selecting the appropriate court to bring a certain case within the realm of civil procedure. As already established, courts have to be determined via personal jurisdiction and subject matter…...

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Cornell.edu. (2010, August 19). Civil Procedure: An Overview. Retrieved from Cornell.edu:  http://www.law.cornell.edu/wex/civil_procedure 

Eisenberg, M. (2009). Gilbert Law Summaries. Thomson West.

Glannon, J. (2008). Civil Procedure: Examples & Explanations, Sixth Edition. New York: Aspen Publishers.

Finally, if arbara later filed a separate suit against Linda for the same breach of contract, her claim could be barred due to the theory of Res Judicata.
ecause Joanne's claim in the action does not directly relate to the breach of contract claim filed by Judi, Joanne does not have a right to intervene in the action. However, she can still intervene under the auspices of permissive intervention. Joanne's claim against Linda, also for breach of contract, shares a common subject with the action filed by Judi in that both actions stem from the same action committed by Linda. Further, Joanne's contract with Linda is directly related to the contract between Linda and Judi and arbara. Thus, the outcome of the claim filed by Judi will affect Joanne's claim. For these reasons, along with reasons of Judicial economy, it is more likely than not that a court will permit…...

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Bibliography

Farnsworth, Allan E. (2004): Contracts. Wolters Kluwer Law & Business.

Friedenthal, Jack H. (2005): Hornbook on Civil Procedure. Thomson West.

Yeazell, Stephen. (2004): Civil Procedure. Aspen Law & Business.

In terms of how the book is structured, the first two chapters logically refer to jurisdiction issues, more specifically on personal and subject matter jurisdiction. The former discusses the court's jurisdiction over a case and the different situations in which it is able to involve itself in hearing a case and in proposing a judgment in that respective case. Notable theories are enumerated here, including the traditional power theory and the theory resulting from the consequences of the Pennoyer v. Neff case. As always, the two chapters are also very actual: there is a specific part of the first chapter dealing with how some of the judicial rules are applied to Internet activities. The second chapter moves to the federal level and discusses the framework that allows a federal court to involve itself in a case and to use its authority to propose a ruling in that case.

With the first…...

" (Redish and Phillips, 1979) the relationship is not as clear between the standard and balancing test that the court used in the Hanna and yrd case. (Redish and Phillips, 1979; paraphrased)
urbank (1934) states in the "Rules Enabling Act of 1934" published in May 1982 in the University of Pennsylvania Law Review " that unless one is a cynic, it would leave one to wonder "that the original Federal Rules of Civil Procedure survived challenges intact." The decision of the court in more recent decisions such as in Sibbach v. Wilson & Co., has remained essentially unchanged.

SUMMARY & CONCLUSION

Quite simply, the Federal courts do not have the Constitutional right to claim superiority over the decisions made by and within the individual states but instead, the Federal Courts serve to provide a venue for those cases of diversity and in which justice is better served by the hearing being set in…...

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Bibliography

Burbank, Stephen B. (1982) the Rules Enabling Act of 1934. University of Pennsylvania Law Review 1982 May Vol. 130. No.5. Formerly the Law Register.

Statsky, W.P. And Matz, D. (1977) Introduction to Civil Litigations. West Publishing. 1977.

Redish, M.H. And Phillips. C.G. (1977) Erie and the Rules of Decision Act: In Search of the Appropriate Dilemma. Harvard Law Review. Vol. 91:356.

Harmonization of International Civil Procedure and International Commercial Arbitration
The objective of this study is to address the idea that when all the recently formulated harmonization instruments relating to transnational commercial litigation (including the Hague Convention on Choice of Court Agreements) have been incorporated into national law or international practice, the choice between arbitration and litigation will be put on a level playing field for international commercial contracting parties, with both methods of international dispute resolution bringing the required certainty and predictability. Towards this end, this study will answer specific questions related to international dispute resolution, international civil litigation, jurisdiction, procedure and recognition and enforcement, procedure and international commercial arbitration.

History of Arbitration of Disputes

Goode (2001) reports that the relationship that exists between courts and private tribunals "has not always been as benevolent as it is today."[footnoteRef:1] Historically the central courts are reported to have had a jealous guard over their domains…...

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Bibliography

ALI / UNIDROIT Principles of Transnational Civil Procedure. Unif. L. Rev. 2004-4

Commercial Arbitration and Other Alternative Dispute Resolution Methods (2006) United Nations Commission on International trade Law (UNCITRAL)

Garnett, Richard (2009) Legal Studies Research Paper. No. 503

Goode, Roy (2001 ) The Role of the Lex Loci Arbitri in International Commercial Arbitration. Arbitration International Vol. 17 No. 1, LCIA, 2001.

These rules developed after a long history of court decisions on related topics.
Pleadings and Procedural Rules

Once jurisdiction and applicable bodies of law have been established, effective and comprehensive complaints must be made before the matter can proceed. Complaint sufficiency varies from court to court, but generally includes the facts of the case and often cites relevant laws regarding jurisdiction and other matters, when they are not readily apparent. There are similar prescriptions for answers to complaints, and a variety of procedural rules that must be followed by both parties both in bringing/responding to a suit and during the process of a court hearing or trial.

Discovery, Summary Judgment, and Settlement

An abundant amount of information is subject to discovery rules, but not everything requested in a discovery motion is necessarily required to be turned over by law. The type of information being sought may or may not require additional court action…...

Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).
The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…...

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References

Kotchegura, a. (2008) Civil Service Reform in Post-Communist Countries: Netherlands, Amsterdam University Press.

Bagley, P.D. (2007) the Everything Guide to Careers in Law Enforcement: A Complete Handbook: New York, Everything Books.

Cordner, G.W. & Scarborough, K.E. (2010) Police Administration: New York, Elsevier.

Richard, M.A., Emener, W.G. & Hutchison, W.S. Jr. (2009) Employee Assistance Programs: Wellness/Enhancement Programming: New York, Charles C. Thomas Publishers.

Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of purpose, recision by…...

California was particularly problematic. Taken from Mexico after the war, California was geographically cut in half along the 36°30, and was therefore legally and politically cut in half. However, residents applied for statehood as a free state in 1850. Congress responded with a set of complicated compromises: California would be admitted as a free state in exchange for the Fugitive Slave Law, which required that citizens residing in free states hand over runaway slaves, who would not be afforded any legal rights. Additionally, the District of Columbia would cease trading slaves, but the institution itself would not be abolished; slaves would not be emancipated. The admission of California as a free state upset the balance of power in Congress. The Fugitive Slave Law fueled the Underground Railroad and underscored the deepening divisions between North and South.
The Missouri Compromise was shot to pieces in 1854, when Kansas and Nebraska were…...

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Works Cited

Bleeding Kansas." Africans in America. PBS Online. Online at  http://www.pbs.org/wgbh/aia/part4/4p2952.html .

The Compromise of 1850." Africans in America. PBS Online. Online at  http://www.pbs.org/wgbh/aia/part4/4p2951.html .

Cozzens, Lisa. "Impact of Dred Scott." African-American History. Online at  http://www.watson.org/~lisa/blackhistory/scott/impact.html .

Kansas-Nebraska Act." The Columbia Encyclopedia. Sixth Edition. Columbia University Press, 2001. Online at  http://www.bartleby.com/65/ka/KansasNe.html .

Civil vs. Criminal Law Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
Players
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not civil cases.
Commencement
Commencement procedures differ…...

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…...

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Works Cited

Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).

Retrieved from  http://www.osc.gov/adr.htm 

Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf

American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.

The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).

Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.

The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of all the…...

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References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Century. Hoboken, NJ: Prentice Hall

hen then Governor George allace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group (Modern 157).
Nine days after the assassination of King on April 4, 1968, Johnson signed the Civil Rights Act of 1968, which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, thus adding protection for civil rights workers and others (Modern 157). Additional legislation added enforcement provisions to the federal government's rules concerning discriminatory mortgage-lending practices, which means that all lenders must report to the…...

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Works Cited

Modern Civil Rights Legislation. Pp. 156, 157, 158, 159.

Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…...

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Works Cited List

American Psychological Association "Harris v. Forklift Inc." 2011.

Accessed 3 December 2011.

< www.apa.org > About APA > Directorates and Programs>

Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011

The first route entails that the House and the Senate must each ratify the proposed Amendment by a two-thirds majority. Then the bill must be ratified by three-fourths of the states' legislatures within a reasonable time period. The second method would be for the creation of a Constitutional Convention to hear and propose the amendment to the states; this method also requires three-fourths of the state legislatures to approve the amendment. This second procedure has never before been used to amend the U.S. Constitution. In either case, however, it would take a number of years before the Amendment for Total Equality would become law. Furthermore, consitutional amendments are historically rare, and the proposals signficantly outnumbers the legal amendments. Several steps can be taken to ensure the timely implementation of this much-needed constitutional amendment.
Proponents of the proposed Amendment for Total Equality have a steep uphill battle to climb. The tide…...

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Works Cited

The Constitution of the United States. U.S. Constitution Online.  http://www.usconstitution.net/const.html#Article5 .

Federal Marriage Amendment." Wikipedia. 4 Dec 2004.  http://en.wikipedia.org/wiki/Federal_Marriage_Amendment .

Longley, Robert (2004). "Federal Marriage Amendment H.J. Res 56." About.com. http://usgovinfo.about.com/cs/usconstitution/a/marriage.htm.

Mount, Steve (2003). "Constitutional Amendments." U.S. Constitution Online.  http://www.usconstitution.net/constam.html#process .