Free «The Philosophical School of Law» Essay Sample

Question 1.1

The philosophical school of law that closely associates with the given quotation is the natural law school. This is because these writers have decided to dissolve the political bands that connect them and follow the laws of God and nature. The natural law school believes that law comes from the principles inspired by God and that these principles are evident from nature. Furthermore, philosophers in this school believe in absolute truth. Moreover, this school believes that God created all men equal, and they should have equal rights. According to the statement, the writer says that man should have separate and equal station. He also claims that man should be entitled to respect of opinion, and this school of law believes that everybody should have a freedom of speech, religion, and press.

Question 1.2

Discovery is the process in which parties in a case gather information prior to a trial. It is either done in person or sending a written request to the other party. The four methods of discovery include:

1. Interrogatories. These are written requests sent to a party that must be answered in writing and under oath.

2. Requests for admissions. These are written statements sent to a party that must be admitted or denied. They mostly track allegations of a petition or complaint.

3. Request for production. These are written requests sent to a party requiring the delivery of documents or objects at the specified place in time.

4. Depositions. These are oral examinations of a party or a non-party witness under oath.

Question 1.3

Al may sue Moe in federal courts in Illinois or Missouri. This case involves subject matter jurisdiction since both parties are from different states hence there is a diversity of citizenship. Al can only take this case to federal courts in these two states since the amount of the Al’s Lamborghini is $350000, which is more than $ 75000 and federal courts are the only courts with the jurisdiction of hearing cases above $75000. Considering personal jurisdiction, he may sue Moe in Illinois since this is where the tort happened or Missouri since it is the place of Moe’s residence.

Moe may sue Al in the state courts in Alabama or Illinois. The state courts have the subject matter jurisdiction for this case, since Moe is suing Al for a Lexus costing $74000 that is less than $75000 and state courts have the jurisdiction of hearing cases involving money less than $ 75000. Considering personal jurisdiction, he may sue Al in Alabama State courts since he is a resident in Alabama or Illinois State and this is where the tort happened.

Question 1.4

A case starts in a court of general jurisdiction. In Missouri court system, the Court of General Jurisdiction is called the Circuit Court. Parties file their lawsuits first in this court. In the federal system, this court is known as District Court. Each state in America has one or more District Courts in which parties can first file lawsuits in federal system. The next highest court that a case progresses to is the Intermediate Appellate Court System. In Missouri Court Systems, these courts are known as Courts of Appeal while, in federal courts, they are known as Circuit Courts of Appeal. This court is the first court that an appellant takes his appeal to. If he loses his appeal in this stage, he may choose to appeal it to the Supreme Court. The highest Court of Appeal in which a person can take his case during an appeal is the Court of Last Resort also known as Supreme Court in both Missouri and federal system.

Question 1.5

This is an example of a uniform code. They are statutory schemes compiled by experts that state legislatures adopt. They are different from restatements since experts compile them so that state legislatures can adopt them while experts compile restatements to influence courts and to ensure nationwide consistency. Examples of uniform codes include uniform commercial code adopted by all the states, while examples of restatement include restatements of contracts and restatement of torts.

Question 1.6

Courts of common law dictate specific remedies for the wrongs that people commit against each other. These courts only award monetary damages as a remedy for the wrong done. They mostly follow precedents. Courts of equity were formed to hear cases in which the remedy of monetary damages was insufficient. The remedies in equity include injunction or rescission. In common law courts, plaintiff seeks monetary damages and he is entitled to a jury trial while, in the courts of equity, one seeks order of the court that something should be done or status changed. Furthermore, the judge only hears evidence in equity and the parties are not entitled to a jury trial.

Question 1.7

Phase 1: Initial pleadings.

These are documents filed with the court. They help to frame the issues the court will hear. This process begins when the plaintiff files a complaint and serves it upon the defendant. After receiving the complaint, the defendant has an obligation of filing an answer or response motion with the court. If the defendant fails to respond within the time stipulated, the court may enter a default judgment against the defendant.

Phase 2: Discovery

This is the process of gathering information before the trial actually takes place. Interrogatories, request for admissions, request for production, and depositions are the four main types of discoveries.

Phase 3: Pre-trial motions.

These are requests that are filed with the court before a trial in order to resolve or clarify an issue to be decided. A motion to dismiss and a motion for summary judgment are the two main pre-trial motions that a party can file.

Phase 4: The trial

The parties present and argue their cases before a judge or a jury who later decides the issue in dispute in this proceeding. The trial usually follows six stages that include voir dire, opening statement of each party, plaintiff’s case, defendant’s case, rebuttal, and closing argument.

Phase 5: Post-trial motions

These are requests to the courts for a reversal or alteration of a judgment. The most common post trial motions are motion for new trial and motion for judgment n.o.v.

Phase 6: The appeal

In this stage, one or more of the parties request that an appellate court reverses or amends previous judgment.

Question 1.8

1. Arbitration. In this process the parties in disagreement present their evidence to the arbitrator who evaluates the evidence and enters an enforceable decision. The hearing process is short and less complicated and the arbitrator’s award is final.

2. Mediation. The mediator helps the parties in negotiating a dispute in this non-binding process. The mediator goes back and forth between the parties exploring their positions and possible avenues of settlement.

3. Summary jury trial. This is a shortened trial before an unofficial jury. This makes a non-binding, advisory decision. These trials usually take a short time.

4. Mini-trial. This is a shortened trial before an official judge. He makes a non-binding decision. Most people prefer this process since it allows the parties to get an idea to the relative strengths and weaknesses of their case.