Courts essay

Nameof Student


1.The three arms of the US government are the executive, thelegislature and the judiciary. The executive implements the laws ascreated by the legislature while the legislature makes thelegislations to govern the country (Dahl, 2003). The judiciary, onthe other hand, interprets the laws or the constitution of the USA.The three branches enjoy separation of powers in that each of thebranches is independent and hence does not get directions from theother. Separation of authority also implies that each branch of thegovernment is separate from the other. Therefore each arm of thegovernment is independent or autonomous in all aspects.

2.It is a lawsuit in which several people join hands to pursue justicebecause they feel that they were harmed by the same person or by agroup of individuals. It is a legal action entered by one or moreplaintiffs as representatives of themselves and other individuals whohave an identical interest in the alleged wrong (Dahl, 2003). A classsuit is embarked if the prosecution of separate cases may turn out tobe inconsistent adjudications which would compromise the standards ofconduct for the defendant or would interfere with the interests ofothers. Such a lawsuit is also undertaken if the defendants haverefused to act or served on bases which apply to the group.Alternatively, the class action is adopted if there are common legalquestions or facts that dominate the individual members and that aclass action is superior to other methods of adjudications.

3)There are two types of due process mainly Substantive andprocedural, which are accorded to all the US citizens at a nationallevel on the fifth amendment of the US constitution and also expandedto all the people at the state level. The process implies that legalpractices and procedures should be followed in the expectation thatall the citizens have the right to, life, liberty, and property.


1)Amicus Curiae is a friend of the court who has an active interest inthe case but who has got no concern in the action (Dahl, 2003). Sucha person may petition the court to be allowed to participate in thelawsuit on behalf of a party to propose a rationale in tandem withits views. Amicus curiae participate in matters of enormous publicinterest such as civil rights. Both a private person and thegovernment can file to be entered as amicus curiae. As a friend ofthe court, the views expressed are treated as individual opinionsthat cannot be attributed to an institution or groups with specificinterests.

2)Pendent jurisdiction is the power of a the United States federal court tohear a closely related state law claim against a person alreadyfacing other federal claims, described by the Supreme Court as&quotjurisdiction over non-federal allegations between partieslitigating other cases properly before the court (Dahl, 2003).&quot

3)General damages refer to compensation offered to cater for the actualand suffering occasioned by an injury. For example, for a victim ofan accident who suffers a spinal injury would be compensated for theinjury and his claim would be for general damages for the pain andany other losses incurred as a result of an accident or negligence(Dahl, 2003). There could more than only general damages where thevictim finds out after the first claim that they have suffered otherdamages apart from the one filed on the application. An example is apsychological damage or any other kind of incapacitation. Damagesfiled after the first application occasioned by new discoveries inthe level of damages form part of the general damages.

4)In case, the Supreme announced that a court might declare an act ofCongress invalid if it was deemed to be inconsistent with theconstitution. The verdict of Marbury v Madison was that the law didnot allow the Supreme Court to issue orders of mandamus. The judicialact of 1789 provided that such orders might be given, but the sectionof the law was not in tandem with the constitution and hence invalid.Therefore any law that is inconsistent with the American constitutionis invalid.

5)At bar refers to a trial before three or more judges in whomproceedings are presented and issued to consider unique points of thelaw. It also means a trial presented before a judicial orquasi-judicial tribunal and especially before a justice court. Italso means trial by a court of law and by a jury.

6)A default judgment it is a binding decision for any of the partiesbased on lack of action by the other party. Mostly is a judgment forthe plaintiff after the defendant fails to appear in court or has notresponded to the summons as ordered by a court of law.

7)Three sources of American law are constitutional law, administrativeregulations, and the common law.

8)Discovery is a legal term which consists of several elements used toreveal or find out facts related to the various claims and defencesin the case at hand (Dahl, 2003). The parties involved in the caseengage in endeavours to unearth more information about the case, sothat they are faced with information that they may not be able tohandle. Discovery enables the parties in the case to preparethemselves appropriately and arm themselves with all the particularsrelated to the case. Each of the parties makes efforts to acquire allpossible information related to the case.

9)The verdict of the court of last resort is not final if all thefollowing conditions are met one of the parties does not agree withthe ruling of the court and if one of the parties in the case files atimely petition for an order requesting an appeal with the SupremeCourt. If the Supreme Court gives a hearing and if there are nochanges in federal law that could intervene or any other issues thatcould make the appeal have no relevance. Finally, if the SupremeCourt offers a decision irrespective of whether they agree with orreverse the decision of the state court (Dahl, 2003).

10)The child welfare act of 1978 gave the state courts the power totransfer any custody or proceedings that involve a tribe member’schild to a tribal court with few exceptions. The tribes, therefore,were given the exclusive jurisdiction over proceedings whereby thechild was a resident on the tribal reservation.


Dahl,R. A. (2003). Howdemocratic is the American Constitution.Yale University Press.