Homework Question on The Legal and Regulatory Environment of Business
- Please answer the following questions. if needed be, you may assume certain reasonable facts, but be sure to state them in your answer.
- A sues B in a state district court for $82,500. the jury returns a verdict for A in the amount of $82,500. The judge accepts the verdict and enters a judgment in favor of A for $92,500. (a) Who may legally appeal the judgment? Why? (b) In what court(s) may the appeal legally be filed? Why?
- While driving his car in Virginia, I.M. careful, a resident of North Carolina, struck I.M. Reckless, a resident of Alaska. As a result of the accident, I.M. Reckless suffered over $100,000 in medical expenses. I.M. Reckless would like to know if I.M. Careful is served with legal papers could he (mr. reckless) obtain jurisdiction against Mr. careful for damages by suing him in the following courts: (a) Federal Circuit court of appeals for the Ninth circuit (includes Alaska)? Briefly explain? (b) Virginia State Trial Court? Briefly explain? (c) Virginia Federal District Court? Briefly explain? (d) North Carolina State Trial Court? Briefly explain?
- The ‘burden of proof’ is the standard of persuasion that a party must meet to prevail in a lawsuit. (a.) Which party has the initial burden of proof in a civil suit? Please also briefly explain type of proof, etc. (b.) What party has the initial burden of proof in a criminal action? Please also briefly explain type of proof, etc.? (a) (b)
- Eve is walking to work along a sidewalk next to a road. A National Distribution Company (NDC) truck strikes and injures Eve, causing her injuries that result in more than $100,000 in medical expenses. Eve is resident of California, Where the accident occurred. NDC has its principle place of business, and is incorporated in New York. In which court(s) may Eve sue NDC? Why?
- Delta Tools, Inc. markets a product that under some circumstances is capable of seriously injuring consumers. Does Delta owe an ethical duty to remove this product from the market even if the injuries result only from misuse? Briefly explain.
Homework Answer on The Legal and Regulatory Environment of Business
- a) A sued B in a state district court for $82,500 and the jury returned a verdict that awarded the same amount to A. However, the judge in his ruling increases this amount to $92,500 in favor of A. If B is not satisfied with such a ruling, he has a right to appeal against this decision to a higher court of law. The right to appeal is provided in law where the losing party to a decision by a trial court in the federal courts is entitled to appeal the decision that has been held.
- In this case, the losing party is Band he can only appeal on the basis that the judge handling his case in the district court made a crucial error of law (Emerson 24). Appeals are not taken to correct errors of fact, and there has to be a manifest error of the law for them to be reviewed.
b) The appeal can be filed in an appeals court where most decisions of federal trial courts or state courts are subject to review. The appeals court is entitled to examine what happened in the proceedings for any errors of law regardless of whether the appeal is concerned with the final judgment entered by the jury or the judge’s order. If the court of appeal discovers that there was an error that contributed to the decision against B then the court has to reverse the decision in favor of B. If they do not find any error then the ruling is upheld in favor of A and once the appeals court has made a decision then the opportunity either party has for further appeals is limited (Emerson 39).