Jurisdiction Paper
Learning Activity 1:
Jurisdiction and ADRRoss, acting on behalf of Flowers, was right as the Texas court has no jurisdiction to hear the case. The Indiana court is the one that has the jurisdiction to preside over the case because in cases based on disputes over property, courts in the state where the disputed property is found have the jurisdiction to resolve them whether the owner of the property is there or not (Meiners, Ringleb & Edwards, 2014). The court has the power to establish jurisdiction basing this power on the fact that the defendant’s property are in the state.The type of jurisdiction existing over Flowers is in rem jurisdiction, and the types of property covered in in rem proceedings include both tangible and intangible property.
I would advise Ross to employ ADR to resolve the dispute because ADR preserves relationships between the disputing parties, it is time-saving way of resolving disputes, it improves Attorney-Client relationships, and it is cheaper than going to court. The best ADR method to be used is mediation as it is effective in situations where emotions are affecting the way of reaching a resolution, and both parties want to keep their relationship (Courts.ca.gov, 2015).
References
Meiners, R., Ringleb, A., & Edwards, F. (2014). The Legal Environment of Business (12th ed.).
Learning Activity 2:
Constitutional Authority to Regulate and Constitutional Law Concepts If was on the Jury I would rule on the constitutionality of the ordinance as the ordinance is related to the aim of traffic safety. A court can find a given regulation to be valid without the relationship between it and the government purpose being proven since some evidence support the relationship between road accidents and billboards (Scholarship.law.berkeley.edu, 2015). Also, the ordinance does not violate the first amendment as there are alternative methods of communication apart from the use of billboards.
The police power can used for aesthetic purpose based on the needs of the modern community and public welfare (Scholarship.law.berkeley.edu, 2015).I would advise City to claim that the public safety is more important than advertising and to enact the ordinance will improve traffic safety as it will aid in lowering traffic accidents especially those caused by the distraction of billboards to drivers.
Reference
Scholarship.law.berkeley.edu,. (2015). Retrieved 17 August 2015, from Download Full Essay Show full preview
