LAW- Jurisdiction and Settlement Offers. Law assignment (Other (Not Listed) Sample)
Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules regarding subject matter and personal jurisdiction to those facts to obtain your answer and explain it.
Assume that you live in California and are on vacation, traveling by car from California to Texas. You are injured in a motel room when the bed on which you are sleeping collapses, causing you to fall to the floor. You suffer substantial back and leg injuries, requiring many medical treatments and causing you to miss work for 15 weeks. Your medical bills total $50,000 and your lost wages total $15,000. You intend to sue the owner of the Texas motel.
Can you bring your case in federal court? Why or why not?
Can you commence the case in California? What additional information might you need to answer this question?
At the end of the trial, the jury awards you $100,000 ($50,000 for medical, $15,000 for lost wages and $35,000 for punitive damages). After the trial, the attorney for the hotel approaches and offers to settle the case for $50,000. Should you consider accepting the settlement? Why or why not?
Law- Jurisdiction and Settlement Offers
For a federal court to listen to a civil case, it needs an outright subject matter jurisdiction. A federal court has jurisdiction over the cases that arise from either a federal question or a case that involves diversity of citizenship. A case is said to raise a federal question if it involves the US Constitution, a Federal Statue or a Treaty. The diversity of citizenship occurs in a scenario where the party to a case comes from different states. Basing on the aspect of diversity jurisdiction, the case at hand can be brought to a federal court for two reasons. First, the plaintiff and the defendant come from different states, that is, California and Texas respectively. Second, diversity jurisdiction is applicable in the federal court if the estimated damages could amount to $75,000 in dispute.
YOU MAY ALSO LIKE
- Domestic violence Essays
- The story of an hour Essays
- Hamlet Essays
- Social networking Essays
- A good man is hard to find Essays
- Illegal immigration Essays
- Civil rights movement Essays
- Poetry analysis Essays
- Racial discrimination Essays
- Sociological imagination Essays
- Feminist Essays
- Industrial revolution Essays
- Culture Essays
- Drunk driving Essays
- Cell phone Essays
- Art Essays
- Reasons for MurderDescription: The first person interviewed believes that the reason for murder is because of the person is jealous of the other person and it is mainly for love...1 page/≈275 words | No Sources | MLA | Law | Other (Not Listed) |
- Client letter to Jamie BlottnerDescription: Client letter to Jamie Blottner Law Undergraduate level Essay...5 pages/≈1375 words | 1 Source | MLA | Law | Other (Not Listed) |
- POLICY BRIEFING MEMO: The New Fault Lines Law Other (Not Listed)Description: The Chapter on 'The New Fault Lines' discusses the events that are likely to occur in the 21st century. The author focuses on the geopolitical fault lines in five areas of the world where tensions frequently happen. According to Friedman (2010), these areas include the Pacific basin dominated...3 pages/≈825 words | MLA | Law | Other (Not Listed) |