Confusion the Case of Trucker Term Paper

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The discovery includes: depositions, answers to written interrogatories, production of documents and evidence, court-ordered examinations, and requests for admissions (Mann, R. & Roberts, B. 2009. p.53). The final step of the pretrial procedure is the pretrial conference between judge and the parties' attorneys which serves to "simplify the issues in dispute and encourage settlement of the dispute without trial" (Mann, R. & Roberts, B. 2009. p.53). Directly before a trial though either party may ask the court for a summary judgment which allows the judge to decide the case on matters of law without a jury trial.

If the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors. With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination questions of witnesses, and the defense cross examination. During the trial the judge will rule on matters of law which may be later used by attorneys for an appeal. At the close of the prosecution's case the defendant may present a case or ask for a directed verdict which allows the judge to decide on the case's merits without a jury. If no such request is made the case proceeds to closing arguments, jury instruction and deliberation, and ultimately the announcement of the verdict.

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A verdict may result in motions by the losing party for a new trial or a judgment notwithstanding the verdict. In absence of these motions the losing party may file an appeal which would be heard by a higher court (Mann, R. & Roberts, B. 2009. p.53). With this context in mind the examination of Trucker's case may begin.

Jurisdiction over the Suit

The first question to be determined is what court will hear the case? This question is answered through jurisdiction. "Jurisdiction means the power and authority of a court to hear and decide a given case" (Mann, R. & Roberts, B. 2009. p. 46). A court must have both subject matter jurisdiction and jurisdiction over the parties. In the Trucker case the analysis begins determinant of federal jurisdiction. Could a federal district court in Confusion hear the case? Not on the basis of exclusive federal jurisdiction which allows a federal court to hear disputes regarding: admiralty, bankruptcy, antitrust, patent, trademark, copyright cases, suits against the U.S., and cases arising under federal statute" (Mann, R. & Roberts, B. 2009. p.46). However, the federal district court.....

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