Quiz 2: Courts and Alternative Dispute Resolution

Business

A person having sufficient stake in a matter carries standing to sue the relevant party. Sufficient stake here refers to having "sufficient harm" or "possibility of having sufficient harm" due to actions of other party. As per this case concern, having a ground fill site in front of the house can cause various problems to the house owners. The pollutants and the leaking chemicals can contaminate the groundwater and cause other pollutions. This pollution can affect the inhabitants of the nearby places and result in various diseases. The house owners (J M) are living in the nearby area of the landfill site and thus have the possibility of harm (sufficient stake in the matter). This means that that there is sufficient stake to sue the county. Hence, one can say that the house owners have the standing to sue the county.

Courts and Alternative Dispute Resolution. It is given that for a court to exercise authority, it must be established that the perpetrator had adequate contacts or minimum contacts with the state to validate the jurisdiction. Generally, the least contacts obligation means that the defendant must have sufficient joining to the state for the judge to accomplish that it is fair for the state to exercise power over the defendant. In this case also, F also has some minimum contact with I as he had an arrangement with the people of I. Therefore, federal court in I can exercise jurisdiction in this case.

Question of Fact A question of fact means what actually happened in the dispute and question of law deals with the law aspect that under what law such party to the dispute be held liable. The appellate courts always focus on the question of law and not on question of the fact. The appellate court always reviews the lower court's record on the case and considers whether the lower court was on error or not while deciding any dispute. Only a trial court judge were in better position to decide the facts of the case by evaluating testimony such as witness's behavior, gestures, etc. At the appellate court, the judges only review the written transcript of the trial and do not interfere with the trial court's finding of fact unless it is clearly erroneous.

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