4 Responses

4 Responses

Please see attachments

For the Posts…provide at least 5 sentences on the who, what, where, when and why..

Wk1 discussion 1 Response

Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:

· If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

· In which state or states can the suit be brought?

· Assume that Javier incurred $100,000 in damages.

· Analyze whether the suit can be brought in federal court

· Explain the advantages and disadvantages of federal versus state court for this type of suit.

Guided Response: Analyze and respond to at least two of your classmates’ postings by Day 7. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.

Response 1

Wright

1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

In this case, Javier will become the plaintiff while the Energy-Auto will be the defendant, (Muller, 2018).

2. In which state or states can the suit be brought?

The suit will be taken to the New York owing to the fact that it lacks advertising and dealership rights where the accident happened. Both the plaintiff and the defendant are citizens of New York making it necessary for the suit to be taken there.

3. Assume that Javier incurred $100,000 in damag

4. es.

5. a) Analyze whether the suit can be brought in federal court.

It cannot be taken to the federal court. As mentioned by Rogers that federal court jurisdiction has another subject matter known as a diversity of the citizenship, if the one suing and the one being sued is not from the same states then, the claim should be above $75,000. In our case despite the claim meeting the requirement of being above $75,000 it lacks the requirement that they should be from different countries since in our case they are from the same country, (Rogers, 2015)

1. b) Explain the advantages and disadvantages of federal versus state court for this type of suit.

For the federal versus state court, parties’ involved have no need to worry concerning ostracizing by the state court if the party is not from their town. In reference to Rogers, the rational states that out-of-state individual might face resident prejudgment inside the state courts. The federal court versus state court is disadvantaged in that the jurisdiction is limited to cases it can listen to. With this fact then the case is not considered to lie in the basis of the diversity of the jurisdiction of the federal court, so, it will not be allowed to involve itself. Another advantage states that the state court contains the general jurisdiction that allows a given state to deduce and create the rules for their state, (Beatty, et al., 2018).

Response 2

Rainey

· If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. The plaintiff would be Javier and the defendant would be Energy-Auto Inc. Javier is the one bringing the case to court to sue Energy-auto Inc.

· In which state or states can the suit be brought? The plaintiff an the defendant both have residency in New York, so the case should be brought to New York. In this case I do not think “Diversity Jurisdiction applies here, the states does state “Diversity jurisdiction means that the plaintiff (the person filing suit) and the defendant (the one being sued 0 are from different states.” (Rogers 2012)

· Assume that Javier incurred $100,000 in damages.

· Analyze whether the suit can be brought in federal court

· Explain the advantages and disadvantages of federal versus state court for this type of suit. Since Javier is suing for 100k the lawsuit can be heard in either state or federal court during an appeal. Our text states that a lawsuit can be brought in federal court if it falls under “two types of federal subject matter jurisdiction: federal question jurisdiction and diversity jurisdiction. A federal court needs one of these to take the case.” (Rogers 2012)

You may also like...