You have been reading and discussion cases and material dealing with issues on topic ranging from due process, the courts and how individual rights are affected. Please following the instructions for participating in the DB assignments and answer per those instruction the questions set for below.
Introduction: Despite the substantial amount of litigation that occurs in the United States, the experience of many students with the American judicial system is limited to little more that some exposure to traffic court. In fact, most persons have more experience with and know more about the executive and legislative branches of government than they do about the judicial branch. One goal of this text is to give students an understanding of which courts have power to hear what disputes and when. Thus, the first major concept introduced in this chapter is jurisdiction. Careful attention is given to the requirements for federal jurisdiction and to which cases reach the Supreme Court of the United States. It might be emphasized at this point that the federal courts are not necessarily superior to the state courts. The federal court system is simply an independent system authorized by the Constitution to handle matters of particular federal interest. Because courts are full many parties are forced by agreement or public policy to go to arbitration. Discuss below what you think of this process.
- What do you think of the concept of judicial review? Is it addressed in the constitution? Should it be permitted? Does it allow justice of the Supreme Court to exercise too much power and create law versus interpreting the laws?
- What do you think about arbitration? Does it protect the interest of the litigants? What about the fact that the dominant party usually selects which person or entity that will be the arbitrator. Look at the King County rules and locate the rules for arbitration. Do you agree that the court should force parties to mandatory arbitration?
- If the requirement for arbitration is mandatory because the parties have agreed to this process, what are the problems with this forced process? What if you will not be allowed to enter into the contract unless you agree; is this wrong as matter of public policy?
- What are the rules for disputing and adverse ruling made in mandatory arbitration? Do you agree with the rule? How would change it and why.