Civil Law: Federal Questions, Proof Standards, and Securities Act

This assignment delves into several key aspects of civil law in the United States. It begins by explaining federal question jurisdiction, one of the two ways a federal court can obtain subject-matter jurisdiction, emphasizing that the issues must arise under federal law, the Constitution, or treaties. The assignment then discusses the standards of proof in civil cases, highlighting that the plaintiff bears the burden of proving the defendant's guilt with relevant evidence and that the opposing party must provide counter-evidence. It also examines the First Amendment's protection of freedom of speech, noting that while it is strongly protected, the Supreme Court has recognized categories of speech with minimal protection and allows reasonable restrictions. Furthermore, the assignment outlines the Federal Trade Commission's key questions for investigating deception or antitrust violations, including consumer harm, anticompetitive practices, and the presentation of relevant evidence. Finally, it defines 'materiality' under the Securities Act of 1993 as any statement or omission relevant to an investor's decision-making process, covering all factors that could influence investment choices and protect investors from misleading information.

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Civil Law Cases
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1. Federal question is one of the two means by which a federal court in the United States
can get jurisdiction pertaining to subject-matter. The issues that can form basis of a
federal question must arise under the federal law (‘Jurisdiction of Federal Courts').This
means that a federal court of United States would entertain a civil case provided the
plaintiff alleges that there has been a violation of the Constitution of the United States,
Federal Law, or a treaty of which the United States is a member of. Hence, the basis of
the federal law question depends on the reason for which it is being filed and if the same
is valid.
2. Two standards to which the burden of proof is subject to in civil cases are:
 The defendant’s guilt must be proven beyond doubt by the prosecution. It is upon the
plaintiff to prove the defendant guilty by producing relevant and enough evidence.
 The burden of proof is always on the person who brings the dispute (Walton). The person
bringing the dispute to the court has to produce the evidence in front of the court. Once
the plaintiff has produced the evidence, it is on the other part to produce counter-evidence
to the court.
3. Freedom of speech and expression has been given very strong protection from the
Government restrictions by the Constitution as contained in the First Amendment.
Recognition has been given by the United States Supreme Court to several categories of
speech with minimal or no protection from the First Amendment. The government has
also been allowed to enact reasonable time, place and manner restrictions on various
forms of speech (Choo). The freedom of speech is a constitutional right given by the First
Amendment and its applicability is both on state and local governments as per the

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incorporation doctrine, which disallows government restrictions on speech and not the
ones imposed by private individuals.
4. Three major questions that the Federal Trade Commission asks to check if there is
deception or antitrust violation involved:
 Whether the product under investigation has caused or is likely to cause any harm to the
consumers in any which way
 Whether anticompetitive business practices have been implemented by the producer of
the product under investigation.
 The relevant evidence in relation to the matter under investigation. The production of
evidence in the court of law is a must for determining if there is deception or antitrust
violation
5. Materiality in relation to the Securities Act of 1993 means any statement or omission
which an investor would consider relevant while making the investment decision
(Ingber). Therefore, materiality includes all those factors that would have led any investor
into making an investment-relating decision. If any material fact was hidden or included
deliberately so as to misguide the investor into making an investment decision, it would
come under the purview of the “materiality” under the act. Basically, materiality includes
all the relevant factors that are pertinent for the investor for decision-making.

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Works Cited
‘Jurisdiction of Federal Courts'. "‘Jurisdiction of Federal Courts." 2015. adacourse.org. 18 February 2019
< http://adacourse.org/courtconcepts/juris.html>.
Choo, Andrew. Evidence. London: Oxford University Press, 2018.
Ingber, Matthew. "‘Litigation: Materiality Under Securities Act’. ." 2011. ‘Litigation: Materiality Under
Securities Act’. . 18 February 2019
<https://www.law.com/insidecounsel/almID/4dcafc26160ba0ad57003513/?slreturn=20190118090810
>.
Walton, Douglas. Burden of Proof, Presumption and Argumentation. Canada: Cambridge University
Press, 2014.