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Business Law Essay

  1. Introduction

This paper will answer to exercises with the first one pertaining to giving a sample case that involves no factual dispute and the other one defining and explaining the purpose of the different modes or tools for discovery.

  1. Exercises and Answers

2.1. Exercise One:  A sample of a case that involves no factual dispute.

This is the case of alien deportation under US laws involving St. Cry whose petition for habeas corpus is being opposed by Immigration and Naturalization Service (INS).  St. Cyr, was a Haiti citizen and has acquired lawful permanent residence of the US for ten years but he had not become a US citizen. When he was charged with crime of selling controlled substance, he pled guilty with the chance of being deported to Haiti.

When convicted 1996, St. Cyr was entitled to a waiver of deportation before the effectivity of  IIRIRA law at the discretion of Attorney General The proceeding that would have entitled him to waiver of deportation under removal proceeding was only commenced in April 1997 while his conviction was on March 1996. The IIRIRA law in 1997 was being claimed by INS to have removed the power of Attorney General to waive deportation and that neither retroactive effect may be claimed as well.

It can be argued from the factual case above that the issue resolved by the court was not factual in nature but involved pure question of law, that is, whether IIRIRA law restriction has removed the power of Attorney General to waive deportation. To acquire freedom from INS, St. Cyr filed a petition for habeas corpus by pointing out that the IRRIRA law restrictions on the power of Attorney General to waive deportation are not applicable to his case since he pleaded guilty to a deportable crime before the IRRIRA law came into effect.

The INS questioned the jurisdiction of the District court which took cognizance of the petition for habeas corpus filed but the US Court of Appeals for the Second Circuit affirmed the same and the US has affirmed as well the latter court’s decision. (Findlaw.com, 2008)

2.2. Exercise Two. Definitions of different discovery tools and explanation of the purpose of each

Interrogatories are written questions that a party wants to be answered by the opposing party in relation to the case filed in court (Meyer, 2008).  Questions asked may involve matters that are needed to resolve the issues involved in the case thus may be limited to grounds of relevancy and competency.  The purpose is to elicit facts to minimize the issues to be tried.

Depositions are sworn testimonies from the opposing party or any witness that may be involved (Meyer, 2008). The purpose is also to elicit facts to minimize issues that would be tried. It extends to witnesses as contrasted from interrogatories which are limited to parties.

Admission Requests are written list of facts sent by a party to other party which the latter may deny admit or deny (Meyer, 2008). The purpose is also to elicit facts and reduce issues to be tried.

Document production requests is intended to get or obtain documents that may benefit one’s case in court (Meyer, 2008) such as invoices or business documents as long as these documents connected or relevant to the case brought into the pleading. The purpose is also to elicit facts and reduce issues to be tried.

The purpose of discovery is to elicit facts from the opposing party which must be supported with evidence which are either factual or documentary. The party availing the same believes that the other party can produce the same facts and thus the process will shorten the process of trying or settlement of cases in courts.

  1. Conclusion

Issues in courts arise because the other party contradicts or denies what the first party asserts and one kind of issues that would be resolved by the courts are pure questions of law or no factual issue at all as cited in the first exercise. Issues need to be resolved and if there is less issues brought to court, then it would be better. The tools for discovery as defined and explained in the second exercise will help much in reducing the issues to be tried in courts.

  References:

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Findlaw.com (2008) Immigration and Naturalization Service v. St. Cyr, {www document} URL, http://sol.lp.findlaw.com/2000/stcyr.html, Accessed September 26,2008

Meyer (2008) Step by Step Explanation of The Discovery Process, {www document} URL, http://divorcesupport.about.com/od/yourlegalrights/ss/discovery_prose.htm Accessed September 26, 2008

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