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Unit 2 Essay
Jarmecka Kelly
[Institutional Affiliation(s)]
Author Note
Short Essay
Jurisdiction and Decision Making
Jurisdiction means the extent of the power of a person or an institution to make a decision or pass judgment CITATION Dod19 \l 1033 (Dodson, 2019). It is the first thing that is established in case of any legal dispute, private or public. A Private dispute can be decided in a federal court if the parties involved in the case are from different states and the amount claimed is above or equal to $75,000. The only other condition that allows the plaintiff to file a case in a federal court is when there is a violation of federal law. The Defendant can also file a motion to dismiss the case at the start of the proceedings. This motion can result in the dismissal of the case but the judge generally concludes that the complaint was true and that the evidence was true. This notion favors the plaintiff as his case is dismissed without prejudice and he could always file a complaint later.
There is also the practice of enforcing a judgment when it comes to legal proceedings. According to Rule 70 of the Federal Rules of Civil Procedure, the honorable court can enforce a decision and compel obedience if they believe that the affected party has not been granted their rights in a pre-specified time.
There is also the method of Alternative Dispute Resolution, or ADR when it comes to legal settlement between the parties CITATION Fol \l 1033 (Folberg). Civil Ligation is the general procedure when the client files a complaint in a court and the honorable judge decides the outcome. ADR, on the other hand, involves an out-of-court settlement using the services of a "disinterested" third party that attempts to resolve the dispute at hand. Here, there is no issue of jurisdiction and arbitrator is chosen because of its expertise, unless it is a family matter. In that case, the arbitrator is usually a neutral member of the extended family.
References
BIBLIOGRAPHY Dodson, S. (2019). Civil Procedure: Personal Jurisdiction and Aggregation. The Judge's Book, 3(1). Retrieved from https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1038&context=judgesbook
Folberg, J. (n.d.). Development of Mediation Practice in the United States. Retrieved from https://www.usfq.edu.ec/publicaciones/iurisDictio/archivo_de_contenidos/Documents/IurisDictio_16/iurisdictio_016_002.pdf
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