Business Law

The US courts of appeals are obligatory jurisdiction courts. They do not hold trials, as they only possess appellate authority. As an alternative, the appeal courts evaluate the decisions made by the trial courts for errors of law (Alexander & Hartman, 2003). They consider the evidence submitted to the trial courts and the records made at the trial courts as pertains to the case at hand. A defendant who is not satisfied with the judgment of a case in the trial courts is free to make an appeal that is executed by the court of appeal (Emerson, 2003). This exempts those cases in which a defendant is found not guilty. The grounds for this appeal should be procedural errors or errors of law made during the rulings in the district courts. These courts deal with appeals from veterans, civil servants, patent cases appeals, bankruptcy, civil rights cases, racketeering, drugs and civil servant cases dealing with corruption (Emerson, 2003). These courts may at times deal with cases that involve different states this is because laws vary from one state to another.

According to the questions given most of the cases can be tried in the court of appeal. The case involving a dispute between Colorado, Utah and Arizona can only be heard in the court of appeal because all are different states and laws vary from state to state, the court of appeal has provisions for hearing dispute from different states to avoid conflicting of different forms of laws (Alexander & Hartman, 2003). Another aspect of this case is that it deals with conflicts regarding a right, the water right. This can only be heard in the court of appeal. The only limitation to this case being heard there is that the court has to be the first to hear the case.

The case involving an appeal of a 5^th US District court decision regarding the right of Texas high school students to recite prayers over the school PA system before football games involves two sides. The first side is that because it is an appeal case from the district courts then it can be heard in the court of appeal (Emerson, 2003). The other side is that because it is a case dealing with the violation of a constitutional right of worship then it can only be heard in the court of appeal. This gives strength to the qualification of the case to be heard in the appellate court.

The civil suit brought by a plaintiff from Tennessee against a defendant from Kentucky qualifies to be heard in the court of appeal in two ways. First, it is a civil case and provisions were made in the functions of the court of appeal that mandated the court to hear civil cases or non-criminal cases (Alexander & Hartman, 2003). Secondly, it is a case involving residents of different states and their laws cannot be applied in the trying of that case because they vary. The case thus can only be heard in the court of appeal.

The case of a contract dispute between a private company and the US government also qualifies to be tried in the court of appeal because it has been mandated by the law to hear cases that involve people who have financial claims against the federal government. A private company is treated as a citizen (Emerson, 2003). It has a right to sue the government if the government breaches a contract between them. Cases involving the government are under federal jurisdiction and should be heard in a court of appeal.

In conclusion, the other two cases do not qualify to be heard in the court of appeal. The case involving a state law prohibiting the import of nuclear waste from other states can only be heard in the district courts because different states have different laws and the laws made by these states are binding so they cannot be revoked (Alexander & Hartman, 2003). A case like that involves that, states courts only. The case involving a violation of a city against loitering cannot be heard in a court of appeal this case can only be tried in the district court and can only be heard in the court of appeal if the plaintiff is not satisfied with the ruling of the district courts. The state law case can only be heard in the court of appeal if it was a dispute between two states but in the above case, the jurisdiction of the said state should be followed.

 

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References

Alexander, D. B., & Hartman, L. (2003). Employment Law for Business. Burr Ridge, IL: Irwin/McGraw-Hill

Emerson, R. W. (2003). Business Law. Hauppauge, NY: Barron’s Educational Series