The judicial branch of government

 

 

In this unit, you are studying the judicial branch of government and the rules that apply to all cases that are filed with a court, such as jurisdiction and the justiciability doctrine. With these rules in mind, analyze the following fact patterns.
• Billy, a resident of Dallas, Texas, was having trouble paying his bills. Billy, along with his best friend Edward, decided that they would rob a bank in neighboring Wichita Falls to raise some funds. During the robbery, things went horribly wrong, and Billy and Edward ended up taking a hostage and driving to nearby Randlett, Oklahoma, where they took refuge in Edward’s grandmother’s home. Both Billy and Edward eventually were apprehended in Randlett, and the hostage was released. Which court would possess jurisdiction over this case—state or federal? Explain your answer.
• Newlyweds Malia and Kevin were honeymooning in Hawaii. They were on their way to a Hawaiian luau when they were rear-ended by a local resident who lived in Honolulu. Malia and Kevin were both hospitalized and required extensive surgery for back and neck injuries. Malia and Kevin wish to sue the local resident. Which court would possess jurisdiction over their cases—state or federal? Explain your answer.
• Jane recently discovered that she is pregnant. When she shared the happy news with her coworkers at a local law firm, everyone was overjoyed—especially her good friend, Chiquita. Unfortunately, the very next week, Jane was fired from her position, despite receiving stellar annual reviews. Her supervisor said that they were downsizing because they had lost a big case. Jane believes that she was fired because she is pregnant. Jane does not want to call any attention to her firing, so she has decided not to do anything about the firing; however, Jane’s friend Chiquita, who is a paralegal, is furious with the attorney. She has decided to file the case on behalf of her friend, Jane. In what court would this case be filed—state or federal? Would Chiquita face any problems with filing the lawsuit? If so, what? Explain your answer.
In a 2–3-page paper, answer the questions associated with each fact pattern, and also complete the following:
• Identify the federal district in which you reside and the specific district, such as the Northern District of Alabama, the Middle District of Alabama, or the Southern District of Alabama.
• Identify the branch of government that created these lower courts.
• Review the Web site for your local state circuit court and your local federal. district court, and

 

Sample Solution

Jane’s case could be filed in either a state court or a federal court. The most relevant statute to her situation would be Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate based on race, color, religion, sex and national origin (“Title VII of the Civil Rights Act of 1964” 2020). Since Jane believes she was fired because she is pregnant, she could make a claim under this law.

The decision as to whether to file in a state court or federal court ultimately depends on where Jane lives and works. If both are within the same state—in this example Alabama—the case would likely be heard in an Alabama State Court. On the other hand if Jane works and/or resides in different states then filing a claim in federal district court (such as Northern District of Alabama, Middle District of Alabama or Southern District of Alabama) should be considered.

If Chiquita decides to pursue this lawsuit on behalf of her friend Jane there are several issues that need addressed. For starters Chiquita must make sure that all relevant deadlines have been met with regards filing suit since any delay may cause problems later down line when actually pursuing legal action against employer. Additionally she also needs ensure that proper procedures followed whenever conducting discovery process without which any evidence obtained from opposing side can potentially deemed powerless during trial proceedings (Vandervort 2016).

dents can engage and continually attain quality education despite of the pandemic situation.

Based on the definition of Easy LMS Company (2020), synchronous learning refers to a learning event in which a group of participants is engaged in learning at the same time (e.g., zoom meeting, web conference, real- time class) while asynchronous learning refers to the opposite, in which the instructor, the learner, and other participants are not engaged in the learning process at the same time. Thus, there is no real-time interaction with other people (e.g., pre-recorded discussions, self- paced learning, discussion boards). According to article issued by University of Waterloo (2020), synchronous learning is a form of learning that is live presentation which allows the students to ask questions while asynchronous can be a recorded presentation that allows students to have time in reflecting before asking questions. Synchronous learning is a typical meeting of students in a virtual setting and there is a class discussion where everybody can participate actively. Asynchronous learning is the utilization of learning platform or portal where the teachers or instructors can post and update lessons or activities and student can work at their own pace. These types of class instruction are commonly observed in these times and students have their own preferences when it comes to what best works for them.

 

 

In comparing both of the types of learning, it is valuable to know the advantages and disadvantages in order to see how it will really be an impact towards students. Wintemute (2021) discussed synchronous learning has greater engagement and direct communication is present, but it requires strong internet connection. On the other hand, asynchronous learning is advantageous in schedule flexibility and more accessible, yet it is less immersive and the challenges in procrastination, socialization and distraction are present. Students in synchronous learning tend to adapt the changes of learning with classmates in a virtual setting while asynchronous learning introduced a new setting where students can choose when to study.

In the middle of the crisis, asynchronous learning can be more favorable than synchronous because most of us are struggling in this pandemic. One of the principal advantages of asynchronous online learning is that it offers more flexibility, allowing learners to set their own schedule and work at their own pace (Anthony and Thomas, 2020). In contrast, synchronous learning allows students to feel connected in a virtual world and it can give them assurance of not being isolated amidst studying lessons because they can have a live interactions and exchange of ideas and other valuable inputs for the class to understand the lessons well by the help of teachers. The main advantages of synchronous learning are that instructors can explain specific concepts when students are struggling and students can also get immediate answers about their concerns in the process of learning (Hughes, 2014). In the article of Delgado (2020), the advantages and disadvantages will

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