ccj210 discussion 9

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Northern Arizona University *

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210

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Law

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Apr 24, 2024

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docx

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2

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Sophia Quirós Discussion #9 1. How does Tort law protect consumers? Why is this important?  Tort law provides a means for consumers to seek compensation for any harm caused to their persons or property. Common forms of compensation include covering medical expenses and lost wages (Higuera, 2024). It is in place to protect consumers and to hold individuals and entities accountable for their actions. This is important because it deters companies and individuals from engaging in negligent or harmful behavior. Additionally, it promotes a sense of justice in society by giving individuals a platform to address their concerns. 2. How does the civil trial process differ from the criminal process? What are some similarities?  The purpose of a civil trial is to settle disputes between parties, while a criminal trial is to determine whether or not a person is guilty of committing a crime. An important difference is the burden of proof: in civil cases, the plaintiff must prove their case by a preponderance of evidence to a majority, but in criminal cases, the prosecution must prove guilt beyond a reasonable doubt, to a unanimous decision. Both types of trials involve a defendant and a plaintiff who must have standing. Additionally, both civil and criminal proceedings seek to avoid trial if possible. Criminal cases often resort to plea bargaining and civil cases resort to pre-trial conferences in an attempt to resolve the dispute (Higuera, 2024). 3. How do corporations work to cover up corporate malfeasance? Provide an example from current or past events.  Corporations may use legal tactics to avoid accountability for malfeasance. A notable example is with the Ford’s Pinto. Ford was aware that rear-end collisions would lead to explosions due to the car's design. Instead of altering the design, Ford chose to settle lawsuits arising from these incidents (Higuera, 2024). Additionally, corporations have a lot of direct and indirect connections to policy makers. They may use their influence to shape laws and regulations in their favor or to avoid scrutiny. 4. What is the role of the US Chief Justice? The US Chief Justice plays a pivotal role as both a social and task leader in the Supreme Court's case discussions and selections (Carp et al., 2016). The US Chief Justice can have a significant impact on the decision-making process. The chief justice’s responsibility is to set the agenda for the conference where cases are discussed, and the justices’ initial votes are taken. The chief is also traditionally the first to share their opinion on each case, which can potentially influence others and set the tone for the deliberation. Their control makes it easy for them to invite suggestions and opinions on a case and on the other end of the spectrum, they have the power to cut off unnecessary debates (Carp et al., 2016). 5. What is Cue theory? The Supreme Court receives thousands of petitions presented to them each year. This prompted a research team to devise a system that indicates which cases will be reviewed, known
as cue theory. This theory refers to the presumption that Supreme court justices often look for certain cues in each petition that will indicate whether or not they review the case. Although there is a list of official reasons for the Court to grant certiorari, research shows the list was not an accurate guide for the Court’s decision making. Key cues they found to be relevant include the involvement of the US Government in a case, its relevance to civil rights or liberties, and the presence of dissent among previous judges who heard the case (Carp et al., 2016). References Carp, R.H., Stidham, R., Manning, K.L, Holmes, L.M. (2016). Judicial Process in America (10 th ed.). CQ Press Higuera, A. (2024). Lecture on Civil Law. Personal Collection of A. Higuera, Northern Arizona University, Flagstaff AZ.
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