Acme's Problem

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Running head: ACME’S PROBLEM 1

Acme’s Problem

Arita Gibbs

BUS/415

September 29, 2011

Alyson Chensasky



Acme’s Problem 2

Acme’s Problem

Acme Incorporated is a company that manufactures a chemical called polynetic (Cheeseman,

2010). Polynetic has many uses but the most important one is used for beauty products. One of

the issues the company is facing is transporting this chemical through the state of Endine on a

regular basis. Endine believes this could be hazardous to the community and has required Acme

Incorporated to have special seals put on their trucks before entering the state (Cheeseman,

2010). Acme is unhappy because of the huge expense of purchasing seals on their vehicles. The

company has decided to sue the state of Endine.

There are many stages to a civil lawsuit. For example, the first step is to discuss this matter

with an attorney then he or she will file a petition to the courts. However, this is a Corporation

versus the state. The attorney has to know which jurisdiction to go to in order to file and whether

there are sufficient minimum contacts linking to the defendant. Consideration must also be given

as to if the debating state can apply jurisdiction to settle on the defendant’s civil rights and

responsibility (FindLaw, 2011). The next step is to use the fact-finding and discovery method.

This process helps attorneys to gather information to use in court, which could lead to admissible

evidence.

Discovery has three types: written discoveries, document production and depositions

(FindLaw, 2011). Written discoveries are required by each party to disclosure certain types of

information, for example, professional and legal reports. This is when the attorney can ask

almost any question to the opposing party under oath. The courts call this form of questioning

interrogaties. Interrogateries can be a version of the facts or a specific question, for example,

“What happen on January 11, 1998” (FindLaw, 2011, p. 1), or the attorney can request for

admission, which is not often used. This request occurs when the other party is asked to accept or

deny certain facts in the case. If the question is not answered correctly or falsified there are

consequences, which carries a large fine. Document production is the documents the attorney can



Acme’s Problem 3

request for either side to produce information related to the case. In some cases the courts are

using electronic stored documents such as e-mails, memos, or company records (Cheeseman,

2010). Once the proceedings begin, it is a requirement to save written documents concerning the

litigation. Next a deposition is taken. The attorney will ask a series of questions taken under oath

to see what the other side knows. The purpose of a deposition is to state the facts. A person

should never guess or assume an answer. If this were a personal injury case, and there were

concerns about his or her physical or medical state than a physical or mental examination will be

ordered when the party is seeking damages (Cheeseman, 2010).

Another process in the civil lawsuit is the pretrial motions. There are many types of pretrial

motions. The two main pretrial motions are, the motion for judgment on the pleadings, and the

motion for summary judgment (Cheeseman, 2010). A motion for judgment on the pleadings is

requested by either party. This motion assumes the facts presented are true. The party who filed

the motion would win when the proper law is applied to the facts (Cheeseman, 2010). A motion

for summary judgment applies when the judge or jury can make the decision about what the facts

are. This action can be decided before the trial takes place. If the facts are not in dispute, there is

no trial. If the judge decides there is a dispute the motion is denied, and the case will go to trial

(Cheeseman, 2010).

The next phase of this process is deciding whether or not to go to a trial. A civil trial will

consist of a jury selection, opening statements, direct, cross, and redirect examination, closing

augments, jury instructions, and jury deliberation and verdict (Cheeseman, 2010).The jury

selection is a group of individuals chosen from a registration or voters list (Cheeseman, 2010).

These individuals are asked a series of questions to determine whether or not there is biased in

their decisions. Once the attorney has chosen a panel of six to twelve jurors each can be sworn in

and sequestered before the trial begins (Cheeseman, 2010). An opening statement occurs when

both attorneys go over the main points of the case. Direct, cross, and redirect examination are the



Acme’s Problem 4

steps the attorney uses to examine the witness. A witness can provide documentation and other

evidence, which then leads to questioning the witness through cross examination. The attorney

can only ask direct questions pertaining to the subject.

At the end of any case the attorney presents his or her closing arguments. Closing arguments

summarize the evidence given from both sides. Each attorney tries to persuade the jury to choose

the client he or she is representing by pointing out the strong points of his or her case, and weak

points of the other side’s case (Cheeseman, 2010). After the deliberation of both sides the next

step is the jury instructions. The jury instructions are when the judge interprets the charges to the

jury. The panel of six to twelve individuals will leave the room and go to a place where they can

discuss whether to hold the defendant guilty or not guilty based on the evidence presented.

This process can take a few minutes or several days. Once the jury has come to an agreement

the next step is for the judge to read the verdict. In a civil case the jury will review the damages

against the defendant if he or she prevails (Cheeseman, 2010). There are cases were the judge

may overturn a decision if the jury cannot reach a decision or misconduct is shown from a juror.

In a civil case both parties can appeal the court’s decision. A notice of appeal must be file within

60 to 90 days. Each function is vital to the process of a civil court case.

The federal court would have jurisdiction over Acme’s lawsuit if there is diversity of

citizenship and if the damages exceeded $75,000 dollars or more (Nolo, 2011). Acme has

diversity of citizenship because the company is in the state of Kennedia and the state they are

challenging is Endine. Due to the fact that no one knows how much the damages are this will

be a civil suit. As information is gathered to file the suit, one must explore whether Endine’s

statute is Constitutional. The 10th Amendment pertains to a state’s right to make a statute. They

have the power over areas that the federal government does not have power over (The “United

States Constitution, Amendment 10”, 2010). It should be noted that the Secretary of the

Department of Transportation defines hazardous materials as substances possessing an



Acme’s Problem 5

unreasonable threat to the environment (Federal Motor Carrier Safety Administration, 2011).

Most of the studies done on the chemical polynetic found it to be safe. The Endine statute is

constitutional but has no merit according to federal regulations.

The state of Endine would have to prove that the chemical is hazardous, which they have not.

In addition to the trucks being used are only made in Endine. This gives them a monopoly.

On review of this information by the court system Acme will win its lawsuit.

.



Acme’s Problem 6

References

Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business

ethics, e-commerce, regulatory, and international issues. (6th ed.) Upper Saddle River, NJ:

Pearson Prentice Hall.

Federal Motor Carrier Safety Administration (2011). Retrieved from September 23, 2011

http://www.fmcsa.dot.gov/safety-security/hazmat/hm-theme.htm

FindLaw (2011). Fact-Finding and Discovery. Retrieved from September 23, 2011

http://public.findlaw.com/library/legal-system/fact-discovery.html

Nolo (2011). Subject Matter Jurisdiction: Should I File in Federal or State Court? Retrieved from

September 19, 2011

http://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal-29884.html

The United States Constitution-Amendment 10. (2010). Retrieved from September 23, 2011

http://usconstitution.net/xconst_Am10.html

Acme's Problem

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