State and Federal Court System for California (Case Study Sample)
Writing Assignment #1 to be Submitted for a Grade and Discussion:
Open a blank Microsoft® Word® document which should be labeled 'Introduction to Law 601 Assignment # 1' followed by your last name and your student number. Once you have completed this assignment, save it on your computer where you will be able to find it. You will then use the 'browse' button at the bottom of the assignment to retrieve the assignment and then submit it by clicking the 'upload' button. Please have your student number, course number and assignment number on your work product.
You are a research clerk for the Law Firm of Smith and Jones. Bob, a good client has a problem and needs some advice. Senior Partner Sam Smith asks you to do the research, prepare a research memorandum and a letter to the client for Sam Smith to sign.
Bob, who lives in Los Angeles California, is a very generous person. Two months ago, he loaned $500.00 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything.
Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid.
Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California.
Research the state and federal court system for California. Determine the names and levels of the state and federal trial court and appellate court(s) in California. Determine the amount in controversy limit for each court level.
Based upon your research of the courts in California and in the federal system, prepare a memorandum of law addressed to the Senior Partner explaining the finding of your research. Your Memorandum should include: 1) an overview of the state and federal courts in California, 2) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 3) why Bob should file his lawsuits in a particular court or courts, and 4) in which courts Bob must represent himself and in which courts he may be represented by an attorney.
Write a letter to Bob for Sam Smith's signature explaining the finding of your research. Your letter should include: 1) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 2) an overview of the state and federal courts in California, and 3) in which courts Bob must represent himself and in which courts he may be represented by an attorney.
Remember, this assignment must be prepared in Microsoft® Word® using the Times New Roman font, 12 point, single space, double space between paragraphs. Each page must be numbered, your last name, student number, assignment number, and course number must be included on the upper left hand corner of each page.
Part 1: Memorandum
MEMORANDUM OF LAW
TO: Bob Morris
FROM: Sam Smith
SUBJECT: State and Federal Court System for California
This memorandum of law provides an overview of the state and federal courts in California State and specifies the court that has jurisdiction for the amount in controversy in the 3 lawsuits which Bob is planning to file. This memorandum also specifies why Bob needs to file his lawsuits in a certain court and the courts in which he has to represent himself and the courts in which an attorney may represent him.
Overview of federal and state courts in California
State Courts in California
There are two kinds of state courts in California; appellate courts and trial courts. Cases that are not worth more than $75,000 should be filed in state court. Also called Superior Courts, Trial Courts are 58 in total – one trial court in every county. A jury or judge in the Trial Court will hear testimony and evidence and then decide a case by applying the facts of the case. These Courts basically handle the following: (i) all civil cases such as juvenile cases, family law cases, plus other civil cases; (ii) all criminal cases such as traffic tickets, misdemeanors, and felonies. (iii) Appeals of small cases as well as other civil cases that are worth no more that $25,000; as well as (iv) appeals of misdemeanor cases. Small Claims Court is a division of the Trial/Superior court and handles claims that are not more than $10,000. Appellate Courts: California has 2 sorts of Appellate Courts: Courts of Appeal and California Supreme Court. Courts of Appeal are the intermediate courts of review in California. The Court of Appeal hears appeals of probate cases, felony cases, family law cases, juvenile cases, as well as civil cases for over $25,000. California Supreme Court is the highest court in the State and can review cases which the Courts of Appeal decide.
Federal Courts in California hear federal cases which occur in this state. Federal Courts have the same structure as California’s State...
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