BA260 Week 1 Assignment 1 Federal Jurisdiction - 2227

Solution Detail
Price: $6.00
  • From: Law, Business
  • Posted on: Sun 18 Mar, 2012
  • Request id: None
  • Purchased: 4 time(s)
  • Average Rating: (45) D
Request Description

Henry, a resident of Nevada, sued Adam, a resident of Utah in the Federal Court in California. He sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. Does the Federal Court have jurisdiction? What rules of procedure will the court use? Why? What rules of substantive law will the court use?

Solution Description

The United States court system is essentially made of a many different court systems: a federal system and 50 state systems. Each has its own arrangements and dealings. All are multi-tiered. Legal cases begin in a lesser court and occasionally work their way up to a more sophisticated courts. Some cases originated in a state court system eventually ending up in the federal court system. The amount in question is only $60,000. Under 28 U.S.C. §1332(a) from mid-2007, a claim for relief must essentially surpass the amount or value of $75,000, without interests and prices and without bearing in mind counterclaims. A federal court would not have jurisdiction. The plaintiff would have to find a subordinate court to rule on the case, following laws applicable to where the incident occurred. Sin