Saturday, June 15, 2019

Philip Morris USA v. Williams. Brief facts Case Study

Philip Morris USA v. Williams. Brief facts - Case Study ExampleAt initial trial the control board awarded her $821,485.50 as compensatory return and $79.5 million as punitive damages in the flake. However, the trial court on an supplication reduced the amounts to $521,485.50 and $32 million respectively. On an reverse appeal the Oregon Court of solicitations reversed the trial courts decision and upheld the earlier amount awarded by the jury as compensation. The compulsive Court of coupled States granted certiorari in the case, vacated the Court of Appeals judgment and sent back the case to the same court of appeal to reconsider the amount of punitive damages awarded in the case. In particular Supreme Court referring to the due process clause of the fourteenth amendment declined to grant punitive damages to individuals who were not part of litigation. In a third appeal before the Supreme Court by Philips Morris the court remanded the case back for re-trial.The basic issues bef ore the jury, trial court, court of appeal and the supreme court were varied. The Court had to decide that if compensatory and punitive damages are made out in the case and if they are maintainable and to be awarded thus to what extent.Ans. The basic legal power in this lied till the Court of Appeal in the state of Oregon. ... Ans. The case had been in the litigation process for ten years.3. What is legal power in relation to this caseAns. The basic jurisdiction in this lied till the Court of Appeal in the state of Oregon. The dead soul and the plaintiff belonged to that state. after(prenominal) that on further appeal and review petitions the case was tried by the Supreme Court of United States.4. What is the relationship between the court system, litigation process, and jurisdictionAns. There is a threefold relationship between the court system, litigation process and jurisdiction. If we take the example of the present case then we see that the deceased and the Plaintiff(his wif e) lived in the State of Oregon, so the jurisdiction of the district court lied in there case. Jurisdiction is of three types. Personal, Territorial and Subject matter. In this case the territorial jurisdiction was made out. The Court system is divided according to the jurisdiction of a State. First its the trial Court of the State, then the Court of Appeal and further it can also be Supreme Court. The litigation process is said to be started from the trial Court and can go up to Supreme Court till the final decision has not been arrived at.References www.washingtonpost.com/wp-dyn/content/article/2008/12/03/AR2008120303377.html

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