Reference no: EM131528077

Assignment

1. In litigation, what is a complaint?

2. What is an answer?

3. What is discovery?

4. What is the difference between depositions and interrogatories?

5. What is electronic evidence?

6. Slick was arrested for possession of K2 (a psychoactive substance that mimics the effects of marijuana) in a state where it was illegal. Slick argued at his trial that the supreme court of another state, Tennessee, had ruled a similar law invalid under the Tennessee state constitution. According to Slick, the ruling of the Tennessee Supreme Court would be a binding precedent on the courts in Slick's home state.

a. Is Slick correct? (Answer yes or no, then explain why.)

b. If the supreme court of Slick's state had ruled that the law was invalid, would this decision be binding on the trial court? (Answer yes or no, then explain why.)

7. Jones, a citizen of the state of Illinois, alleged that he was subjected to illegal race discrimination by his employer, R. R. Donnelley & Sons Co. Three years later, Jones wishes to file a lawsuit against R. R. Donnelley pursuant to the Civil Rights Act of 1991, which is a federal statute. Under federal law, the statute of limitations for this type of lawsuit is four years. The state of Illinois, however, has a two-year statute of limitations. (Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004)).

a. What is a statute of limitations?

b. Which statute of limitations applies in this case? (federal or state) Why?

c. Will Jones be able to sue R.R. Donnelley & Sons Co.? (Answer yes or no, then explain why.)

8. Arbitration proceedings do not take place in court, and the arbitrator does not have to be a judge or an attorney. Given these circumstances, how can the arbitrator's decision be legally binding on the parties?

9. List three advantages of alternative dispute resolution over litigation.

10. Read the "Reviewing" section on page 14 in your textbook and answer the following questions (not the questions in the textbook). (6 points)

(1) Who are the parties to this lawsuit?

Plaintiffs:

Defendant:

(2) What are the laws at issue here?

(3) What remedy do the plaintiffs seek? In other words, what do they want?

(4) If a state law conflicts with a federal law, which law takes priority? (federal or state)

(5) Critical Thinking - Are the two laws in this case necessarily in conflict? Could the automobile manufacturers comply with both the California law and the federal law at the same time? Explain.

11. Read the "Reviewing" section on page 56 of your textbook and answer the "Reviewing" Questions 1 through 4. Hint - Because this case involves a contract for a series of professional boxing matches, we can assume that the lawsuit involves more than $75,000.

12. Read Question 2-6 on page 60 of your textbook:

a. Will the dispute between PRM and Primenergy go to arbitration or to trial?

b. Why?

13. Which clause in the U.S. Constitution gives the federal government the power to regulate commercial activities among the states?

14. List the three branches of the U.S. federal government and briefly describe the function of each branch.

15. What is the Bill of Rights?

16. List four rights that are guaranteed by the First Amendment.

17. What is "unprotected" speech? Give an example.