Law

There exist many terms and definitions in the field of business law.  Each word holds a very intricate meaning in relation to the subject matter to which it applies.  The same is held true for judicial processes.  Some terms are cross referenced and are used in other fields of law such as criminal, family, and civil.  This paper will explore and discuss one judicial process and elaborate on many legal terms frequented in the field of law.

Explain the process of choosing a Supreme Court Justice.  Do you think this process is political or not  Explain.

Supreme Court judicial appointments are very rare.  Judicial seats are lifelong terms without interruption.  When a vacancy becomes available in the Supreme Court, it is up to the President of the United States to nominate a replacement.  Following the nomination, the Senate investigates and either confirms or denies the nominee for appointment.  Background investigations are conducted in order to decipher whether the nominee is able to make informed, rational, and unbiased decisions that support and uphold the United States Constitution.  This is usually a very lengthy process that is often televised for public viewing.
   
The fact that the President of the United States is the only individual exonerated to make a Supreme Court nomination gives him much power in the judicial selection process.  Political dynamics are most certainly a part of the decision making process.  Both the President and the Senate each hold a separate agenda for getting a particular individual into the Supreme Court.  Some would say that the President would most likely nominate someone in order to leave his mark on the government.  The nomination made could hold a specific likeness for sharing the same views politically.

The sole process of choosing a Supreme Court justice is entirely motivated by political gain.  In the past, general provisions were afforded to the Senate as a senatorial courtesy.  This stipulation expresses a non-verbal respect to the state whereby the outgoing Supreme Court justice is from.  The senator from this state would then be provided the opportunity to make a suggestion as to whom the new nominee should be.  Party affiliation plays a high stake in this courtesy.  Interest groups become involved as a means of pushing their own personal agendas.  Promises are made behind closed doors in order to attain exclusive political goals.  The President of the United States is not restricted when making his nomination for the vacant seat.  This is a prime opportunity for the President to push for Constitutional reform through his nomination.  The President may even consider the personal and legal views of a nominee in reference to the making of landmark decisions that will be reflected on his term in the White House.

Describe the following phases of a trial (1) jury selection, (2) opening statements, (3) plaintiffs case, (4) defendants case, (5) rebuttal and rejoinder, (6) closing arguments, (7) jury instructions, (8) jury deliberations, and (9) entry of judgment.
   
Each phase of a legal trial is represented by an expressed particular.  Jury selection is the first phase of a legal trial.  A jury selection is performed by sending out notices to the expressed members of the community to inform them of their selection for jury duty.  Individuals are given advance notice of the day and time to appear in court for jury selection.  Not everyone is chosen to serve on a jury, but it is each citizens duty to serve if called unless there are extenuating circumstances preventing one from doing so.  The perspective jury members are questioned for competency and bias.  If chosen to serve, the member is impaneled.

The next step in a trial is the opening statements.  An opening statement is a well thought out statement given orally to the court before any evidence has been introduced.  It serves as a preamble for the jury by pre-informing them as to what the case will entail.  The plaintiffs case follows next.  The plaintiff is the name given to the one who initiates the lawsuit.  During the course of this phase, the plaintiff demonstrates to the court their stand, evidence, and presents any witnesses who can substantiate their claim.  Immediately following the presentation from the plaintiff, the defendant is permitted to present the defendants case.  The defendants case is much like that of the plaintiff except that the defendant presents evidence that contradicts the claims of the plaintiff.  The rebuttal and rejoinder phases of a trial are ongoing throughout both the plaintiffs case and the defendants case.  Each side reserves the right to recall a witness for rebuttal.  A rebuttal exists when statements or evidence are brought forth to disprove that of the opposing party.  A rejoinder is simply a response from the defendant to a previous issue.  As a trial comes to a close, each side performs closing arguments.  Closing arguments are presented orally by the representing counsel to summarize their side of the case.  It leaves a lasting impression for the jury to consider.  The judge then advises the jury as to how and what is to be considered when considering the matters and evidence at hand.  This is called jury instruction.  The period by which the jury meets in private to render a decision is called jury deliberations.  This phase can last momentarily or it can last for days.  In some high profile cases, a judge will sometimes sequester a jury, withhold from public influence, in order to prevent the jury members from being tainted by outside sources.  Finally, once a jury has reached a decision and it is read aloud in court, the judge will either choose to accept the decision or move to set it aside.  When a judge accepts the judgment it is then entered into the record.  This process is called entry of judgment.

Discuss the characteristics of each of the following  (a) patent, (b) copyright, (c) trade secret, and (d) trademark.
   
A patent is a title of ownership for an idea, invention, or development.  This often pertains to medications, foods, and many other consumer products.  This permission is granted by the United States Patent and Trademark Office and is good for a limited period of time.  For instance, some years ago a pharmaceutical company put out on the market a medication called Zantac.  This medication was designed to help patients suffering from acid indigestion, heart burn, and acid reflux.  The medication was very effective medically, but the financial cost was astronomical.  It was only available in brand name due to the patent.  Once the patent ran out, other pharmaceutical companies were allowed to produce their own versions in a generic form that worked just as well, but was more cost effective to the consumer.
   
A copyright protects the work of an individual or business.  Writers have their work copyrighted to protect their ideas and visions.  The United States no longer requires a copyright notice for works published after March 1989.  This does not mean that copyrights no longer exist.  It is good to assume that anything being read in the public sector is a copyrighted piece of work.
 
A trade secret is insider information from within a business.  Trade secrets can involve stock market quotes, business mergers and take overs, and marketing strategies.  Any information that is privy to a businesss financial advantage over other businesses in competition is secret.  It is pertinent that this information be kept private in order for a business to be able to maintain and thrive.  Compromises in keeping these secrets can cause the business to fail or be unable to recover a significant financial loss.
   
A trademark is a registered emblem or insignia of a business.  Proctor and Gamble are known for their half-moon and stars emblem.  Trix cereal is known for the Trix rabbit.  The United States Patent and Trademark Office maintains a database of trademarks whereby businesses seeking to secure a trademark can do so by checking their proposed insignia with what information is already registered.  This feature is available online to the public.