Answering business law question - Coursework Example

Business law Qn1 A plaintiff of Ohio seeking damages of $90,000.00 from a defendant of New Jersey- First, the citizens are from different states and the damages are above $ 75,000.00 (McKenna, 1993).Qn2 Because different circuits have different laws and they affect a large number of people hence, uniformity is required to reduce a backlog of cases to the Supreme Court.Qn3The results of appeal court affects a huge number of people while for the trial court, it affects only the participants of the case.

Qn4 It first begins with petition; where the plaintiff file’s the facts and damages caused by the defendant. The second step is answering where the defendant pleads guilty or not guilty. The third stage is the reply where either party replies to any new accusations. The last stage is the counterclaim where the defendant files a case to show dissatisfaction on the plaintiff’s allegations.Qn5Conciliation is used in civil law countries to correct a civil wrong and can also be used to solve any other kind of dispute.

Mediation is the informal settlement of a work dispute by an independent, external and impartial person. Arbitration is a dispute resolution method where the parties involve an external impartial person to make a binding decision for them.Qn6Because in case they are from different states, one law in the other state may not be recognized in the other. In this case, a federal court is highly effective. Qn7This is because incase the message is faulty it can mislead a great number of people unlike for individual speech.

Qn8Substantive due process protects a right that is broken but protected by the law while procedural process protects individuals from unfair government policies.Qn9Freedom of speech should only be used to protect basic human rights and not to the extent of defamation or hate speech. Yes because they also have freedom of speech, provided they don’t cross their jurisdiction. No that will hinder other peoples’ rights.Qn10Yes if it used for a bad purpose or sold to a minor.Qn11If it violates the constitutional, statutory or regulatory commands and if the matter does not touch on judicial review.

Reference:McKenna, J. (1993). A. Structural and Other Alternatives for the Federal Courts of Appeals: Report to the United States Congress and the Judicial Conference of the United States. Washington, DC: The Center.