the structure of the courts and court processes week 2

Submit your responses to the following prompts:

  • In each of the following situations, which source of law takes priority, and why?
    • The state statute conflicts with the common law of that state. (75 words, 1 paragraph)
    • A federal statute conflicts with the U.S. Constitution. (75 words, 1 paragraph)
    • A common-law decision in one state conflicts with the U.S. Constitution. (75 words, 1 paragraph)
    • A federal statute conflicts with a state constitution. (75 words, 1 paragraph)

    For this prompt, be sure to reference at least one scholarly source to support your answer for each set of conflicting items.

  • You are the administrator of a local hospital. A trial court has made a finding against your hospital due to the death of a patient during surgery. However, you believe the hospital should be not be found guilty under the doctrine of res ipsa loquitur since the surgeon has also been found guilty of malpractice and negligent homicide. Describe the process you would follow to appeal the trial court’s finding against the hospital. (225–300 words, 3–4 paragraphs)

    For this prompt, be sure to reference at least two scholarly sources to support your answer.

  • You are being accused of a breach of contract and will be participating in a trial. Whom can you expect to take part in the trial process and what roles will they play in your trial? Please explain your answer. (225–300 words, 3–4 paragraphs)

    For this prompt, be sure to reference at least two scholarly sources to support your answer.

  • The Constitution specifies that federal courts have exclusive jurisdiction over admiralty claims. Mr. and Mrs. Price have a claim against Fun-time Cruise Lines based out of Miami, Florida, for negligence of the cruise line. Mrs. Price sustained injuries because of the company’s negligence while taking a cruise to the Caribbean. The Price family lives in Seattle, Washington. Can they bring their claim in state court, or must they bring their claim in federal court? Which court or courts could be the trial court with jurisdiction over the claim? Please explain your answer. (225–300 words, 3–4 paragraphs)

    For this prompt, be sure to reference at least two scholarly sources to support your answer.

Note: Be sure to reference the number of scholarly sources indicated to support your work. Use the Walden Undergraduate Paper Template, provided in this week’s Learning Resources, to complete this Assignment.

 

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