Joinder Of Claims

Joinder of Claims
*The concept of supplemental Jurisdiction grows in complexity once we recognize that the Federal Rules of Civil Procedure contemplate lawsuits in
which the party structure is more complex than the "A v. B" lawsuit.
*Joinder Rules such as FRCP 14, 18, and 20 are rules of pleading – they specify the kinds of party and claim structures that are permitted in litigation
in federal court. However, these rules don't purport to control the subject matter jurisdiction of the federal courts – just because these rules permit a
plaintiff to bring two different claims against a defendant does not tell us anything about whether there is federal jurisdiction over either or both claims
in the case.
–FRCP 18: Joinder of Claims –permits a plaintiff to ... Show more content on Helpwriting.net ...
on and Vierling Steel Co (K's place of work) *High power transmission lines: once owned by Omaha Public Power District (a public corporation of
state of Nebraska), but then sold the lines and equipment to Kroger's place of work and subsequently sold electricity to K's place of work and made
repairs when they were requested
Procedural History:
Kroger's lawyer sues Omaha Public Power (state court?) for wrongful death Omaha Power decides to implead Owen Equipment Omaha Power
successfully seeks summary judgment (b/c Paxton and Vierling owned power lines, Omaha Power has no responsibility unless notified, and they
weren't notified) Kroger's lawyer asserts wrongful death claim against Owen Equipment and goes for federal court claiming diversity jurisdiction b/c
Kroger from Iowa and Owen Equipment is Nebraska corporation with principal place of business there) trial begins but Owen Equipment says no
diversity because though incorporated in Nebraska, principal place of business is in Iowa district court refuses to grant Owen's motion to dismiss and
Kroger wins jury verdict (court says supplemental jurisdiction extends to Kroger's claim against Owen) Owen appeals judgment reversed in favor of
Owen
Issue: Whether a court can hear a plaintiff's claim against a third–party defendant when there is no independent basis for federal jurisdiction over that
claim in an action in which federal jurisdiction is based on diversity of citizenship, a circumstance called ancillary
... Get more on HelpWriting.net ...

The European Court Of Justice Case : Pez Hejduk V Energy...
The summary of the European Court of Justice case: Pez Hejduk v Energy Agentur.NRW GmbH (C441/13)
Ms Hejduk, domiciled in Vienna (Austria), is a professional photographer of architecture and creator of photographic works depicting the buildings of
the Austrian architect, George W.Reinberg. Ms Hejduk authorised Mr Reinberg to use her photographs in order to illustrate his buildings, in a
conference organised by Energie Agentur, a Germany based company.
Subsequently, Energie Agentur made the photographs used by Mr Reinberg in his illustration available on its website in Germany for viewing and
downloading without Ms Hejduk 's consent.
As a result, Ms Hejduk brought up an action before the Handelsgericht in Wien, for damages against Energie Agentur and for authorisation to publish
the judgment at the expense of the defendant. That Energie Agentur has infringed her copyright for making her photographs publicly available without
her consent and without providing a statement of authorship. Ms Hejduk in justifying the selection of that jurisdiction relies on Article 7(2) Regulation
1215/2012.
Energie Agentur raised an objection to the issue of jurisdiction, that the Handelsgericht Wien lacked international and local jurisdiction, claiming that
its website is not directed at Austria and that the mere fact that a website may be accessed from Austria is insufficient to confer jurisdiction on Austria
court. The Handelsgericht Wien decided to stay the proceedings and referred the

Law Case Study
*** For the purpose of this assignment, I am assuming the following is correct ***
The State of Columbia enacted a long–arm statute subjecting a nonresident defendant to PJ in the state for a personal injury claim sought to recover
damages from an automobile accident that occurred within the state.
The statute permits process of service to be made outside Columbia's borders, and G is challenging the validity of P's service only on the ground that
he was not personally served, (and through his wife.)
G concedes that P need not to serve him within the State of Columbia and G may be served in the state of G's residence, NY.
Pam (P) v. Global Motors (GM)/ Gus (G)
Personal Jurisdiction
It is an authority to adjudicate claims and ... Show more content on Helpwriting.net ...
Constitutional Limitations
To comport with the Constitution, P must meet the minimum contacts standard set forth in International Shoe.
Minimum Contacts
The facts provide that P was riding in the GM's bus driven by G at the time of the accident. Since the G was driving the company's bus in the state of
Columbia, GM is said to have purposefully availed itself of conducting its business in the state of Columbia. It is implied that G was driving in
/through the state of Columbia as a usual course of business. It is reasonably foreseeable that an automobile accident can happen in Columbia as G was
driving on the bus route in the state. This will be sufficient to satisfy the minimum contact requirement. GM reasonably should know that it could be
haled into courts there. Thus, suing the defendants in Columbia would not offend notions of fair play and substantial justice. P's claim relates to the
forum state strongly because this is a personal injury claim for her injuries suffered in the bus accident that occurred in the forum state. G was involved
in the accident within a scope of the employer–employee relationship because the accident occurred while he was on duty and driving the GM bus.
Under the doctrine of Respondeat Superior, GM can be held liable for G's negligence.
Therefore, the state of Columbia has PJ over GM and G.
Subject Matter Jurisdiction

Federal–Question
Claims can be heard in federal court if it arose under the laws of the United States, the

Lstd 207 Final Exam Answers
LSTD 207 Final Exam Answers https://homeworklance.com/downloads/lstd–207–final–exam–answers/
LSTD 207 Final Exam
Part 1 of 1 – 100.0 Points Question 1 of 302.5 Points
A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff's complaint or the issue is waived and may
not be reconsidered.
True
False
Feedback: See pages 118, 120–121. A defendant must raise objections to venue, personaljurisdiction, and form and method of service of process in
their first response to the complaint (pre–answer or answer) or the issue is waived and may not be reconsidered at a later time.
Question 2 of 302.5 Points
A defendant can remove a case from state court to ... Show more content on Helpwriting.net ...
Which of the following cases CAN NOT be heard in federal court?
A.A claim based on the Age Discrimination under the Federal Employment Act.B.A tort claim between citizens of the same state.C.A case brought by
the State of New Jersey against the State of New York.D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is
more than $75,000.
Feedback: Questions of federal law and diversity between different states and citizens of different states are within the jurisdiction of Federal courts.
State tort cases between citizens of the SAME state are restricted to state court.
Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson's property in Massachusetts. Where would

Venue be proper?
A.D.N.H.B.D. Me.C.D.N.H. or D. Me.D.D. Mass
Feedback: This case would be governed by В§1391(a) as it is a diversity case. The defendants do not live in the same state, making section 1
unavailable. That leaves section 2, a district in which a substantial part of the acts or omissions occurred. Here the tresspass alleged occurred in D.
Mass. making it a district where venue is proper. Because Section 2 produced a district in which venue is proper, section 3 is not applicable. Because
the defendants do not reside in the same state, none of their

Recognizing The Benefits Of Not Only A Diverse Workforce,
Recognizing the benefits of not only a diverse workforce, but a diverse culture has been an issue for us since the founding of this nation. We've seen
from the beginning how intolerance and bigotry was present in a society which proclaimed that all men are created equal by decree. Our society has
struggled with the inclusion of anyone into our culture who did not fit the mold of we saw was the norm simply because it was different. This brief
discussion focuses on how those differences can be harnessed to produce a more productive workforce making the proclamation that all men are really
equal come true. I'll begin by talking about the importance of having people with different lifestyles included in our workforce. Then I'll discuss ...
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People will be more apt to spend their money more comfortably with them (Mayhew, 2017). There are intangible benefits to maintaining a robust
diversity policy starting with the way people are able to engage in interpersonal relationships in the workplace. Individuals will always have some
kind of conflict in the workplace. How people deal with that conflict will determine the effectiveness of their overall performance. The more
diverse an organization is has a direct correlation to how well people are able to deal with conflict and adversity. The degree in which we're able to
resolve interpersonal conflict directly affects employee productivity. This high level interaction also builds the mutual respect we have for each other.
When people are able to see and recognize each other's differences while working through conflict as it arises, builds respect also allowing an increase
in overall productivity (Mayhew, 2017).
Recruiting and Retaining a Diverse Workforce A diverse workforce is required to be successful in today's business market. Peoplewant to be a part of
an organization which embraces diversity at all levels and tiers of a company not just at the entry or middle management. One of the ways to retain a
diverse workforce is to ensure people can see that diversity at every level not just in the new location where they were just hired. Seeing this will
allow a future vision of upward mobility unhindered by barriers commonly

History And Introduction Of The International Court Of...
1.History and Introduction to the International Court of Justice
The traditional establishment of the ad hoc tribunals formed as a permanent "Court of Arbitration", this organ so formed was under the League of
Nations which was later replaced by The International Court of Justice after the World War II [1].
The International court of Justice so formed is the principal judicial organ of the U.N. It is the foundation of June, 1945 which holds seat at The
Peace Palace, Hague, Netherlands. It began to function (for the purpose of its establishment) in April, 1946. The organ is composed of 15 Judges,
elected by the U.N G.A. and The Security council for each one to hold office for a term of 9 years. The assistance be by the REGISTRY who holds
judicial and administrative functions during the functioning of the court. The official languages are English and French.
The ICJ holds a Two–fold Jurisdiction [2]:
1.Jurisdiction in Contentious Cases: The Court in its legal nature has authority to settle disputes submitted to it by the states be it on unilateral
application (when one states files against the other state and is represented by v.) or on special agreement (represented by stroke / and is when both
the parties agree to move to the court for the settlement) basis, they being decided in accordance with international law.
2.Advisory Jurisdiction: When the U.N., its organs or any other specialized agencies need an advisory opinion on any legal question then they can seek

International Life Vs Doloney Case Summary
If International Life can prove fraudulent joinder of Maloney, the case is removable under diversity of citizenship. In McCabe v. General Food Corp.,
the court held that when Plaintiff fails to state a cause of action against the resident Defendant and the failure is obvious, the joinder is fraudulent.
McCabe v. General Food Corp., 811 F.2d 1336, 1339 (9th Cir. 1987). The defendants presented facts showing the joinder was fraudulent. Id.
Additionally, Defendants were fraudulently joined because they were working in a managerial capacity. Id. General Food had ratified their actions. Id. If
plaintiff alleged they acted on their own initiative, then joinder was valid. Id. Similarly, International Life can show that Maloney was working in the
capacity of a salesperson during presentation in Alameda. The sales pitch was standard for the company and the policy was not out of the ordinary.
Plaintiff claims Maloney received significant commissions for the sales. However, this does not equate to Maloney acting on his own initiative. It is
likely the court will hold that there was fraudulent joinder. Plaintiff's allegations must show that Maloney's behavior was sufficient to prove he is liable.
Maloney's commissions for the sale of insurance policies are insufficient evidence that he acted ... Show more content on Helpwriting.net ...
28 U.S.C. В§1446(b)(1) (2016). International Life received the complaint on August 31, 2016. However, in Murphy Bros, Inc. v. Michetti Pipe
Stringing the court held that if the complaint is filed in court, prior to any service, then the removal period runs from service of the summons. Murphy
Bros, Inc. v. Michetti Pipe Stringing, 526 U.S. 344, 354 (1999). International Life has received the complaint and no summons. Thus, the period for
removal begins when the summons is received. Removal should be

Judicial Review
Judicial Review: The power enables the judicial branch to act as a check on the other two branches of government.
Jurisdiction: The power to speak the law.
In Rem Jurisdiction: Court can exercise jurisdiction over property that is located within its boundaries.
Bankruptcy Court: Only handles bankruptcy proceedings.
Probate Courts: State courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death.
Federal Courts: Federal government is a government of limited power, the jurisdiction is limited. Federal Courts have subject–matter jurisdiction in two
ways: 1.) Federal questions: Plaintiff's cause of action is based, at least in part, on the U.S. ... Show more content on Helpwriting.net ...
circuit of appeals 3.) The United States Supreme Court
–The highest tier
–All other courts in the federal system are known as "inferior"
–Consists of 9 justices
–Can review any case decided by the federal courts of appeals
Writ of Certiorari: an order issued by the Court to a lower court requiring the latter to send it the record of the case for review.
Rule of Four: The Court will not issue a writ unless at least four of the nine justices approve of it.
Federal Rules of Civil Procedure (FRCP): All civil trials held in federal district courts are governed by.
Types of Attorney's Fees: Fixed Fees: charged for the performance of such services as drafting a simple will. Hourly Fees: computed for matters that
will involve an indeterminate period of time. Contingency Fees: Fixed percentages of a client's recovery in certain types of lawsuits.
Complaint: The complaint contains a statement alleging: 1.) The facts showing that the court has subject–matter and personal jurisdiction. 2.) The facts
establishing the plaintiff's basis for relief. 3.) The remedy the plaintiff is seeking.
Service of Process: Formally notifying the defendant of a lawsuit.
Summons: A notice requiring the defendant to appear in court and answer the complaint.
Default judgment: Defendant failed to respond to the allegations.
Pretrial Motions: Motion for judgment on the pleadings, and the motion for

Challenges Facing Law Enforcement Agencies Essay
In this writing assignment I will explain some greatest challenge facing law enforcement agencies today. I will describe how the local, state, and
federal law enforcement agencies can interact and accomplish their goals. I will also suggest some programs that will help improve their relationship.
Identify some of the challenges and solution in the overlapping of jurisdictions pose when combating cybercrime. Discuss why I believe law
enforcement in different states should work with one another in when fight cyber–crime.
There are a number of challenges that law enforcement agencies are facing like investigating internet exploitation, cyber stalking, and obscenity. Other
challenges are overlapping of agencies, the lack of funding, and investigating exploitation, cyber stalking, obscenity, and the specific challenges with
overlapping of jurisdictions. I think the greatest challenge they face has been investigating exploitation, cyber stalking, and obscenity is issues with
evidence and detection. The fact that data on the computer can be deleted, modified, or destroyed can hinder the investigation process. The nature of
the evidence makes it difficult to investigate cybercrime. Because digital evidence is a collection of numbers that are fragile and can be lost, damaged
or changed. It is always important to protect and maintain the chain of custody but the nature of the evidence makes this daunting task very difficult. It
is very easy for investigators to contaminate the

Case Analysis : ' The New York Court '
Case Study One– Milestone One
The Merriam–Webster 's Learner 's Dictionary defines jurisdiction as the power, right, or authority to interpret, apply, and declare the law (as by
rendering a decision) (Merriam–Webster, 2015a). In order for a court to make a decision in any case, the court must have several types ofjurisdiction.
The appropriate court for this lawsuit depends upon several factors.
Personal jurisdiction "refers to whether a court has power over the person being sued." ("Personal jurisdiction: How to determine where a person can
be sued," 2016) In this case, between the defendants Novelty Now and Funny Face and plaintiff Mr. Margolin, the New York Court does have
personal jurisdiction and can render a decision. Although the owners of Funny Face, Chris, Matt and Ian, lives in California, Novelty Now is based out
of Florida, and the plaintiff lives in New York, the fact that the product was purchased over the internet means that they conduct business in many
geographic regions including New York. The courts could also consider enacting long–arm statutes. Long–Arm Statutes allows a state to claim
jurisdiction over an out–of–state defendant, if the potential defendant has sufficient minimum contacts with that state. By using this legal recourse, the
New York court may be allowed to claim jurisdiction over the defendant. The fact that Novelty Now is a national company that's marketed over the
radio, in newspapers and primarily on

Book Report On Burger King Essay
Preface information on Burger King:
The origins of what is now the international fast food corporation Burger King, began in 1953 in Jacksonville Florida as Insta–Burger King. Inspired
by the recent success of the McDonalds Corporation, Founders/Owners Matthew Burns and Keith Kramer searched for their own gimmick to kick start
their business. They found that Gimmick in two pieces of machines called "Insta–Broilers". The Machines were the cornerstone of the original few
stores, and where required in all stores to broil Burgers. After a year of slow business, the company was sold to Miami, Florida franchisees David
Edgerton and James Mclamore in 1954. Their first issue of business was to change the company name to simply Burger King. Then the two began a
complete corporate restructure of the company, eventually expanding the company to 250 locations nationwide over an 8 year tenure. Burger King
was then sold to Pillsbury Company 1967. In 1978 Burger King made an attempt to revamp the company's structure, by hiring former McDonalds
executive Donald Smith. Smith purposed that the company make many changes including, revamped menus, updated franchise agreements, and
changing the look and logo to look more modern. The Company was sold three more times after poor performance next to its top competitor,
McDonalds. The third time it was sold to investors led by TPG Capital for $1.5 billion in 2002. TPG then took the company public in 2005, where it
was initially publically

Supreme Court Sides with Walmart Essay
Video Case Study:
Court Systems and Jurisdiction–Supreme Court Sides with Walmart
1. This story is about the Supreme Court's decision. What process did this case have to go through to get to the Supreme Court?
The U.S. Constitution establishes the Supreme Court, which is authorized by it to hear original and appellate cases. Original cases are heard only
by and are sent directly to the Supreme Court. Appellate cases are those cases which were heard by a lower court, decided on by the lower court,
but an appeal was requested so the Supreme Court could hear it. That request is a writ of certiorari. The Supreme Court orders the lower court to send
the case files for review. The Supreme Court usually does not hear appellate cases... Show more content on Helpwriting.net ...
That ruling set precedent to deny all future class–action lawsuits against employers for discrimination. The occurring opinion I not legally binding and
cannot be used as precedent when trying a case, it can however be used by lawyers to decide their path to how a case is viewed in court, and a
judge just might see the reason and rule in their favor (Legal Dictionary, n.d.). One of the reasons why a dissenting opinion is made is so Congress
can rethink the state of current law and modify it to benefit future litigants of the same reasons. Ginsburg wrote such a dissent in 2007. "The issue at
hand was the time frame within which a woman had to bring a suit for pay discrimination based on gender. The law was written quite narrowly, stating
that an individual had to bring suit within 180 days of the discrimination occurring. However, after the decision was handed down, Congress took up
the challenge and changed the law so that this time frame was greatly extended" (American History, 2016).
3. What type of jurisdiction did the federal courts have in this case? Was it a federal question case or a diversity of citizenship case? Why?
This case was one of federal jurisdiction. "Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided
for by Congress... cases involving violations of the U.S. Constitution or federal laws" (Federal

Attracting Females and Minorities to Law Enforcement
Race & Gender: Attracting Females & Minorities to Law Enforcement
Group 2: Race and Gender
CRJU 4600–OL1
North Carolina Central University
April 2, 2014
Attracting females and racial/ethnic minorities to law enforcement
The article Attracting females and racial/ethnic minorities to law enforcement is about local law enforcement agencies and their efforts to engage
women and ethnic/minorities into participating in law enforcement agencies applicant processes and also concerns the hiring patterns of law
enforcement agencies and the abilities of these agencies to fill sworn positions with females and minority officers. The arrival of the 20th century
brought with it a change in the policing environment from the spoils system of earlier days to a more inclusive environment for female and minority
presence within officer ranks. Some of the problems that law enforcement agencies of the more recent times will have with attracting females and
minorities into law enforcement agency careers comes from outside of the agencies, but the most important determining problems can come from
within those agencies themselves such as fear of the race and gender discrimination from the likes of employers and co–workers that makes females and
minorities reluctant to join law enforcement agencies. The more highly televised incidents of the police brutality such as the Rodney King beating,
Abner Louima torturing, and other abuse of force incidents make it very important

work Essay
PLEG 265
Capstone Project Part 2 Pre–litigation Research Memo
To: Maxine Ifill
From: Paralegal, Sherrie Eustace
Re: Sue Davis v. Gary Steele
Date:September 12, 2013
ASSIGNMENT Review authorities provided to determine probable answers to the issues.
FACTS
Our client, Sue Davis, was in a car accident in Yankton, South Dakota. Sue sustained massive head injuries, and the paramedics did not think that she
would make it to the hospital alive. Once all was said and done Sue incurred $400,000.00 in medical bills, $45,000.00 in lost wages, and $50,000.00 in
property damage to her Bentley.
ISSUES
What court is proper in which litigation should be commenced? Why? Explain.
Who are the parties to the lawsuit? Analyze ... Show more content on Helpwriting.net ...
Yankton County, South Dakota would also be proper for personaljurisdiction beings that the accident did take place in Yankton County. According to
the State Bar of South Dakota the Circuit Courts of Yankton County, South Dakota is also proper for subject matter jurisdiction; circuit courts hear
civil lawsuit cases, divorce cases, adoptions, guardianships, felony, and criminal proceedings. This particular case falls under a civil case.
According to the civil procedures in the State of South Dakota, the parties to this law suit would be Sue Davis as plaintiff, because she is the party
whom has commenced the law suit action and claims to have incurred losses due to the defendant's actions. She will be the one who will deliver the
summons to the defendant, Gary Steele. Gary Steele would be identified as the defendant, because Sue is taking action against him for the accident.
CONCLUSION
Our client appears to have a solid case, but there are steps that we should take to better position our client for litigation.
RECOMMENDATION/DISCOVERY PLAN The steps that I recommend that we take to better position our client for litigation would be to outline a
discovery plan:
1.Review Objectives –What does our client want? –Recover physical property? (Bentley) – Get rich from the lawsuit? – Get her medical bills paid for?

–Make the

Pros And Cons Of The Anti-Arbitration Injunction
Gary Born robustly argues that the anti–arbitration injunction should "virtually never be issued", and if need be, only with the "utmost circumspection
and only in rare circumstances". This view, with respect, can be termed as too strict. Notwithstanding, it is important to recognise the potential of
conflict between the courts and arbitral tribunals, and to take steps to mitigate this conflict.
I.POTENTIAL TENSION BETWEEN COURTS AND ARBITRAL TRIBUNALS
A jurisdictional battle between the courts and arbitral tribunals may ensue with judicial recognition of the anti–arbitration injunction. The party who is
sought to be enjoined from proceeding with the arbitration may pre–empt the anti–arbitration injunction application by going to the arbitral ... Show
more content on Helpwriting.net ...
For instance, the court may decline to assume jurisdiction (and therefore dismiss the application for the anti–arbitration injunction) if there is a "prima
facie" arbitration agreement or, on the flipside, if it is "plain and obvious" that the applicant has an obligation to arbitrate. In France, the court must
decline jurisdiction unless the arbitration agreement is "patently void". The baseline remains that the entire process is an exercise of judgment with
regard to all the circumstances of the case, including cognisance of frivolous and mala fides allegations that seek to undermine the
kompetenz–kompetenz

The Clause Of Indian Land
In Chapter 6, Wilkins discusses how the disclaimer clauses. These clauses keep states from exercising authority on Indian land (180). They are an
"important but often overlooked tool in the arsenal available to tribes to assert their own sovereignty against state threats" (177). A specific example
of a disclaimer clause is Wisconsin's territorial disclaimer of 1836 which prohibited territories or states from having any authority on Indian land
(180). In Native American Church v. Navajo Tribal Council (1959) it was declared that Indian tribes actually have a higher status than states (179).
This was a major victory for Indians in their fight for sovereignty. United States v. Rickert (1903) was also a win for sovereignty in that the Court
prohibited South Dakota from taxing Indian land (185).After the verdict in Seminole Tribe v. Florida (1996), the balance of power between state and
federal government leaned towards the states. Before this, negotiations with tribes had been conducted at the federal level and not with states (187).
This was against the idea of sovereignty because now the states had more power over the tribes and could abuse that power for personal gain.
In United States v. McBratney (1881), McBratney tried to argue that the federal government had no authority over a crime that occurred on Indian
Territory, despite the fact that both parties were white. The Court ruled that since Colorado had not expressly renouncedjurisdiction over the Ute Indian

Examples Of A Case That Would Fall Under Diversity...
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court's power to
hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. В§
1332(a). Diversity jurisdiction is one of the two main types of subject–matter jurisdiction in federal court. Definition from Nolo's Plain–English Law
Dictionary The power of the federal courts to decide civil disputes between citizens of different states, provided the amount the plaintiff seeks in
damages exceeds an amount set by Congress (currently $75,000). The so–called citizens may include companies incorporated or doing business in
different... Show more content on Helpwriting.net ...
At some stages, some appeals courts may hear oral arguments from the attorneys or even a hearing with witnesses, but most of it is on paper. Each
appeals court can refuse the appeal, send it back for retrial for verdict or sentence only, or back to the lower appeals court for rehearing. But once it's
into appeal, the State can also appeal the appeals court rulings before anything else happens, and that makes it different from the trial where the State
can't appeal a not guilty verdict. 4. Explain the process that takes place in the pleadings portion of the trial. Pleading Stage * Filing a Complaint – In
civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense.
This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint. * Summons – Notification by the court in
which the complaint is filed as an action being brought against the defense. Service of the summons typically requires a response from the defense
within a 30–day period. No response from the defense can trigger a default judgment for the plaintiff. * Motions to Dismiss – These are the defense's
response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the
complaint. * Motion for Judgment – Following the defendants response to

Courts Essay
The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the
Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to
admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their
subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with
jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified ... Show more content
on Helpwriting.net ...
Other federal courts, established by Congress under powers held to be implied in other articles of the Constitution, are called legislative courts. These
are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of
the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the case of the territorial courts, which are courts of
general jurisdiction, the special jurisdictions of these courts are suggested by their titles.
State Courts
Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on
the English judicial system as it existed in colonial times, but as modified by statutory enactment's; the character and names of the courts differ from
state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal
courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and
their decisions are subject to review

Court Observation At Harris County Criminal Justice Court
Quan Nguyen
Business Law
Professor Donna Kohlhausen
November 14, 2016
Court Observation Paper The court I attended was the court # 184, on October 25th 2015 at Harris County Criminal Justice Court , located in
downtown of Houston city. The Judge in charge was Jan Krocker. It was an aggravated sexual assault of child case between The State of Texas vs.
Samuel Gallegos. As I entered the court, the trial has already commenced so I did not really know how a real trial started. I sat in the back where the
public sits, facing the judge bench. The courtroom was cold and quiet. Especially it was very small, much smaller and less impressive than I
expected.. Everyone was in formal dressing code. There were just a few number of spectators and family members in the court room. There was a
clerk who was typing everything what was happening during the court time. Judge Krocker appeared to have things under control and had the
proceedings moving forward smoothly. She was a very friendly lady with short blonde hair. She was listening attentively. She spoke clearly and
distinctly so that everyone in the courtroom could hear. Samuel Gallegos is a white man about 5 '8 tall. He looked quite nervous while some police
officers were standing behind him. From what I understood, this case was really happening back in 2014 and the suspect has criminal history relating
to assault of child and another related case to this case. On my left hand side were the bailiffs while some others stood observed

Cloud Computing : The Nature Of The Cloud
Background A.The Nature of the Cloud 1.Cloud computing includes web–based email systems and social networking sites like Gmail, Hotmail,
Facebook and Linked In to name a few. 2.The use of cloud computing, in which information is being stored and shared across the world, is growing
at a rapid pace. To further help conceptualize this process, the cloud has also been described as something similar to a shared, pay–as–you–use public
utility supplying water to a community. 3.The concept of cloud computing has quickly spread over the last few years, while use of cloud computing
has increased exponentially just over the last few months with mainstream companies like Apple offering cloud access in products such as the iPhone
and iPad. 4.One cause of confusion is whether "cloud computing" is synonymous with "the internet." At a first uniformed glance, it seems that the two
are the same thing. However, this is not true. The main difference between the internet and cloud computing is storage. The internet, to use the mall
analogy, is the unvested shopper, but the cloud involves the shopper who also owns a shop in the mall and leaves his/her car parked in the lot.
5.Cloud–computing services, offered by cloud–computing service providers (CCSPs), represent a collection of technologies aimed at "allowing access
to large amounts of computing power in a fully virtualized manner." 6.There are three main types of cloud–computing services: (1) Infrastructure as a
Service (IaaS), (2)

The Dual Court System
1. What is meant by a dual court system in the U.S.? What impact does the court system in the U.S. have on criminal law? The judiciary is composed
of two court systems, with courts at both the national and state levels. The impact of these two court systems allows for criminal laws to be imposed by
Federal, State and local law enforcement agencies, each with its own jurisdictional requirements and enforcement criteria. The differences in impact
can be in areas such sentencing, policies in sentencing options, appellate court opinions and Supreme Court decisions that result in case law
determinations. 2. List and explain the various types of jurisdiction listed in the text.
State jurisdiction means that the state has authority of trying cases involving violations of state and local laws, the states have general jurisdiction.
State jurisdiction is at times concurrent with federal jurisdiction. State courts hear civil and criminal cases related to state laws and state constitutional
issues. Federal jurisdiction means the federal government has authority in cases involving crimes committed on federal property. Federal courts have
limited jurisdiction, federal courts hear criminal and civil cases that involve constitutional and federal law, policies and special subject matter. Federal
laws take precedence over state and local laws, and state law has precedence over local law.
3. Explain the hierarchical jurisdiction of the federal court system. The lowest trial court

Backside Case Summary
I.The Circuit court of St. Clair County would have personal jurisdiction over Backside because it waived its right to object the court's jurisdiction
The first issue whether the circuit court of St. Clair County would have personal jurisdiction over Backside Chiropractic, Inc. IL courts have personal
jurisdiction over natural persons or entities doing business within the state. Under minimum contact doctrine, IL courts would have personal
jurisdiction over out of state defendants if the cause of action arose from an out of state defendant's activity with in IL. Jurisdiction over such
nonresident can be arise if there are sufficient contact within IL so the exercise of such jurisdiction in relation to such contact would be fair and just.
If a cause of action arose outside IL, personal jurisdiction may be proper if the out of state defendant engaged in continuous and systematic activity
with in IL, such as a permanent office or regular sales representatives. A party may object the court's personal jurisdiction by filing motion to dismiss
prior to filing a responsive pleading or motion other than motion for the extinction of ... Show more content on Helpwriting.net ...
Although Backside has a website that could be accessed by patients nationwide, Backside didn't actively engaged in doing business in IL. It
occasionally sent out postcards to solicit new customers and it once sent 500 postcards to residents of Illinois who lived near the Missouri border.
Backside are usually targeted customers in Chesterfield, Missouri area. In addition, Paula had not received a postcard and she is not familiar with
Backside website. She went to Missouri to fill out the form and receive the treatment. Therefore Paula's cause of action did not arose from Backside's
occasional or casual contact. However, Backside waived his right to object the court's personal jurisdiction over him by failing to raise it before he
filed his

Personal Jurisdiction Case Study
Case Study One– Milestone One
The Merriam–Webster's Learner's Dictionary defines jurisdiction as the power, right, or authority to interpret, apply, and declare the law (as by
rendering a decision) (Merriam–Webster, 2015a). In order for a court to make a decision in any case, the court must have several types ofjurisdiction.
The appropriate court for this lawsuit depends upon several factors.
Personal jurisdiction "refers to whether a court has power over the person being sued." ("Personal jurisdiction: How to determine where a person can
be sued," 2016) In this case, between the defendants Novelty Now and Funny Face and plaintiff Mr. Margolin, the New York Court does have personal
jurisdiction and can render ... Show more content on Helpwriting.net ...
Ethics are the core values that we are taught. It is the code that we use to gauge between good and evil. Although, there are obvious differences, the
two are not mutually exclusive. While we follow the written laws, we also have to decide whether the manner in which we follow the laws are in
contrast with the moral code. A recent example of how laws and ethics are tied together involves the case of the "Stanford Rapist" and his sentence.
While the judge in this case was within his legal rights to issue that sentence, ethically his actions were morally repulsive and un–ethical. The ethical
process of decision making under the WPH framework involves consideration of the three following elements; Who (Stakeholders), Purpose (Values)
and How (Guidelines). In this case the Who or the stakeholders are the customers, owner and investors of Funny Face and Novelty Now. Their use of a
non–tested product jeopardized the health and safety of the consumers. This act can be the catalyst to the company going out of business. The
purpose or the values in this case involves the efficiency of the product and the how or guidelines apply to this case in regards to public disclosure and
one of the most important guideline, the golden rule of to do unto others as they do unto you. In this case the purpose of the decision was money. To

Case: Blimka V. My Web Wholesalers, Inc.
Chapter Two
The Court Systems
Federal Judges
Serve during g ood behavior
May be removed if Congress impeaches them for treason, bribery, or other high crimes and misdemeanors (vague definition)
House of Representatives
State Judges
Chosen by a variety of methods
Generally serve for a fixed term
Judicial Immunity
Absolute, even when the judge acts maliciously
Organization of the Court Systems
Original Jurisdiction
Appellate Jurisdiction

Davis v. West
Issue: HRS sued Davis for an unpaid bill and received a default judgment. Radoff was appointed as the receiver and sent a letter to the defendant's
bank demanding payment, which was received. Davis sued Radoff for abuse of ... Show more content on Helpwriting.net ...
The court is in the state where the business has its headquarters or main plant; 3. The court is in a state in which the business is doing business
(requires "minimum" contacts)
Blimka v. My Web Wholesalers, LLC
Issue: Blimka in Idaho ordered jeans from a company in Maine. When the requested quantity (quality) did not arrive, Blimka sued. Defendant was
properly served in Maine but did not respond. The court issued a default judgment. Defendant claims the court lacked personal jdx.
Rule: An allegation of fraud is sufficient to invoke the state's long–arm statute.
Application: Defendants purposefully directed their allegedly false representations into Idaho. Therefore, the exercise of personal jdx is presumed not
to offend traditional notions of fair play and substantial justice.
Conclusion: The district court's decision to deny the defendant's motion for relief from judgment was not an abuse of discretion.
Jurisdiction over Property
In rem jurisdiction
Gives a court jdx over real estate, personal property and intangible property such as bank accounts and stocks located within a state.
Relations between the Court Systems
Exclusive Jurisdiction
Concurrent Jurisdiction
Where there is diversity of citizenship and the amount in controversy exceeds $75,000
The dispute involves a federal question and Congress has not conferred exclusive jurisdiction on the federal courts

Living in a World with Danger and Killing
We live in a world, where war is a constant danger and is a recurring issue in our lives. Death and violence are constant topics of discussion
throughout the media and most Americans have grown accustomed to hearing about these issues on a daily basis. It seems that the reaching ideal of
global peace is an impossible feat and that justice will never be reached. Nations throughout the world have made the promise "We will never fight
again" on numerous occasions, yet the world is still afflicted with wars, mass killings and political turmoil. As citizens of a world population we have
become too consumed with the pursuit of wealth and power and the lofty ideals of world unity have fallen by the wayside.
Globally, almost everyone would prefer to live in a world of peace. Peace may seem to be a simple world, but in reality it is a difficult concept to
comprehend and has proven to be an insurmountable problem. Historically, there have been several attempts at creating international bodies to promote
peace, but none have been effective. In many instances throughout history disastrous calamities could have been avoided, but for a lack of a competent
international lawmaking body. The mass killings that occurred in Rwanda are a perfect example of a failure of an international lawmaking body. In
this case, the United Nations had extremely accurate information about what was occurring in Rwanda, but they stood by and let the killings of
hundreds of thousands of people take place

Uniform Child Kidnapping Essay
My will free–fell towards faltering before swept with the memory of my ex–husband stealing my baby. While I was locked in the Tennessee State
Women's Correctional Facility serving six months on a trumped–up shoplifting charge, he took my baby and got a court order granting him legal
custody. I slid open the window and lift my son from his crib, carry him from the apartment, and drive him cross country. There I would file for
custody and my darling son and I would be together forever. Frank Cracchiolo created the scenario above to show the crime of kidnapping and depict
the mindset of a parent whose child was taken by the law and appointed to the other parent. The mother that removed her baby from her ex–husband,
believed that she had no other choice but to kidnap her child and file for custody. For a child's custody, it was traditionally decided by a matter of state
jurisdiction, but it was ... Show more content on Helpwriting.net ...
The UCCJA intended to "alleviate the plight of children caught in interstate custody battles by promulgating uniform rules for the assertion of
jurisdiction over child custody cases" (DeMelis, 1975). After the creation of the UCCJA, the criminal justice believed that it was not enough to strike
back against this crime, so they believed that to "enhance the uniformity of jurisdictional cases" another act must be passed to improve the current
model (DeMelis, 1975). The Parental Kidnapping Prevention Act (PKPA) was enacted and the focus of this act was to relieve conflicts within the
interstate, deter from interstate kidnappings, and create a cooperation between states in custody matters (NCPOFFC). The UCCJA and PKPA were
tools to deter parental kidnapping and they established a criterion that all states should follow when making a custody decision. Although this was
created, the states were reluctant to join the

Court Structure in Srilanka
THE COURT STRUTURE OF SRILANKA
INTRODUTION
The court–structure consists of a Supreme Court, a Court of Appeal, High Courts, Municipal Courts, and Primary Courts. Additionally, there are
numerous tribunals, etc.
In cases involving criminal law, a Magistrate's Court or a High Court is the only court with primary jurisdiction; the respective legal domains of each
are provided in the Code of Criminal Procedure.
The preponderant majority of criminal law cases are initiated at a Magistrate's Court. These cases may be initiated by any police officer, or public
servant, with a written or oral complaint to the magistrate (see section on Magistrate's Court). Murder trials and ... Show more content on
Helpwriting.net ...
"Even when there is no right of appeal from a particular court or tribunal, [the Court of Appeal] can exercise [its] powers of 'revision' and quash the
original court's or tribunal's order [based on] an error of law apparent [in] the record." 1The Court of Appeal, if appropriate, also has the authority to
issue a 'stay order' and suspend proceedings in a lower court until the revision application is heard and determined.
The Court of Appeal also has the authority to receive and admit new evidence additional, or supplementary, to evidence already recorded in a court of
first instance.
Appeals of judgments, sentences and orders at a High Court Trial at Bar are forwarded directly to the Supreme Court by virtue of the Code of
Criminal Procedure (Amendment) Act, No.21 of 1988.
The Court of Appeal, in exercising its power to examine and reverse a judgment of any court of first instance, has the authority to examine any record
of any court of first instance.
The Court exercises jurisdiction to grant writs of habeas corpus in order to bring before the Court a person who has to be dealt with according to the
law, or to bring before the Court a person illegally or improperly detained in public or private custody.
Court of Appeal cases are now published in Sri

Case Analysis : ' Geico '
CAUSE NO. _______________
WARD CLEAVER, JR., individually and derivatively on behalf of Cowtown Carts, Inc.,
В§
IN THE DISTRICT COURT
В§
В§
Plaintiffs,
В§
В§
В§
VS.
В§
OF TARRANT COUNTY,TEXAS
В§
JUDY MONDELLO III;
В§
MERCY GENERAL HOSPITAL;

В§
KATIE PERY.;
В§
GEORGE KLOONEY;
В§
GEICO, INC.; AND
В§
WENTWORTH CLUB, INC.,
В§
В§
Defendants.
В§
________ JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE COURT:
COMES NOW Plaintiff Ward Cleaver, Jr. individually and derivatively on behalf of Cowtown Carts, Inc. and files this Original Petition against
Defendants Judy Mondello III ("Mondello"); Mercy General Hospital ("Mercy"); Katie Pery ("Pery"); George Klooney ("Klooney"); Geico, Inc. ...
Show more content on Helpwriting.net ...
2.06 Geico, Inc. is an insurance company doing business in the State of Texas and may be served through its registered agent James G. Brown at 4201
Spring Valley Road, Dallas, Texas 75224.
2.07 Wentworth Club, Inc. is a Texas corporation whose principal place of business is 9800 West 7th Street, Tarrant County, Texas 76110 and may be
served with process by serving citation upon Jacob Mathis, its registered agent for service of process at, 2001 Park Hill Drive, Fort Worth, Texas 76110.
III.
Jurisdiction and Venue
3.01This Court has jurisdiction over the subject matter of this lawsuit because the amount in controversy complies with the minimum amount
necessary to invoke the subject matter jurisdiction of this Court. This Court may exercise personal jurisdiction over each Defendant in that each

Defendant either is a Texas corporation that conducts business in Texas, or is an individual resident of the State of Texas.
3.02Venue is proper in Tarrant County, Texas pursuant to TEX. CIV. PRAC. & REM. CODE В§ 15.002(a)(1) because all or a substantial part of the
events or omissions giving rise to this action occurred in Tarrant County, Texas. Venue is also proper in Tarrant County, Texas pursuant to TEX. CIV.
PRAC. & REM. CODE В§ 15.002(a)(2) because several of the individual Defendants' residences were in Tarrant County at the time the causes of
action accrued.
IV.
Facts 4.01On or about January 11, 2017, Cleaver purchased a red, white, and blue

Allstate Insurance Company V.
The present claim is related to an insurance agreement. The trial Court conceded the defense of lack of personal jurisdiction presented by the
Defendant, Allstate Insurance Company (Allstate) in an amendment to its answer. James Gross (Gross), the Plaintiff appealed the decision. We are
now move to determine whether the Superior Court of Camden County erred in dismissing the Complaint on the basis that the Defendant did not have
minimum contacts with the forum, and consequently the Court did not have personal jurisdiction over it. We found that the trial court erred in granting
the dismissal of the Complaint based on such grounds. In its decision the trial Court applied the "minimum contacts" test as contemplated in
International Shoe ... Show more content on Helpwriting.net ...
For these reasons, we determined that the trial Court had personal jurisdiction over Allstate, and its decision is reversed and remanded for further
proceedings in accordance with this opinion. As we determined that the defense opposed by Allstate was incorrectly granted, it is proper to comment
that even if this Court would have considered that Allstate was not present in the State of Georgia, and as result the LAS was applicable, we would
arrive to the same conclusion because all the activities performed by Allstate in this forum do meet the standard of "minimum contacts" as required by
the constitutional test. It is also necessary to assert that according to the records, the defense of lack of jurisdiction was untimely alleged. In
accordance to the Georgia Rules of Civil Procedure such defense should be alleged before answering the merits of the Complaint, or concurrently with
it. Because Allstate appeared and first proceed to "deny any and all liability" in the case without previously or concurrently interposing the lack of
jurisdiction, it did lose the opportunity to allege this defense, and it waived any

Mgmt520 Week 1 Assignment Essay examples
1. This story is about the Supreme Court's decision. What process did this case have to go through to get to the Supreme Court?
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to
petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record
of the case for review (Supreme Court Decisions, 2015).
2. In the story, two justices wrote differing opinions about the issue. Discuss the differences between a majority opinion, a concurring opinion, and a
dissenting opinion. What effect does each type of opinion have on the state of the law in America?
The ... Show more content on Helpwriting.net ...
Rule 23.1 governs derivative suits in which a plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a
shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations (Rule
23, 2009).
Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. This authority is called
diversity jurisdiction. It means that a case involving questions that must be answered according to state laws may be heard in federal court if the
parties on the two sides of the case are from different states. No matter how many parties are involved in a lawsuit, there must be complete diversity
in order for the federal court to exercise this type of authority. If a single plaintiff is a citizen of the same state as any defendant, there is no diversity
and the case must be pursued in a state court (Diversity, n.d.).
Because the defendants were from the same state as the plaintiff, this would not fall under a diversity of citizenship case. This case was about equal
opportunity and gender discrimination not about diversity in the sense of cultural diversity.
References
Diversity of Citizenship legal definition of Diversity of Citizenship. (n.d.). Retrieved from

Legal Case Overview: Pam vs. Rita and Don's Market
Pam took an indefinite leave of absence from her job, sublet her apartment in State A, and went to care for her elderly mother in State B.
Approximately six months later, while Pam was walking to her car in the parking lot of Don 's Market in State B, Rita, a resident of State C,
struck Pam with her car. In Rita 's car were three friends from State C who were traveling through State B with Rita. The friends told the police
officer called to the scene of the accident that Pam was reading a magazine as she walked across the parking lot and was therefore not watching
where she was going. Pam told the police officer that she had just walked out from behind a large concrete column in the parking lot when Rita 's car
struck her. Pam sued... Show more content on Helpwriting.net ...
Next, Pam did not quit her job in State A because she only took a leave of absence to care for her mother in State B. Thus, this element is not met.
Thus, Pam's citizenship will not be State B because there is strong evidence that she intends to return to State A. Thus, this claim is met. . Amount in
Controversy An amount in controversy requires that a good faith allegation of the amount in controversy must exceed $75,000. Here, Pam does not
meet the required amount in controversy because she is suing each defendant for $60,000 in damages. Next, Pam's injunctive relief does not meet the
amount in controversy because there was no amount allocated to what Pam was seeking in injunctive relief. Thus, this element is not met.
Aggregation Aggregation requires a plaintiff to aggregate all claims against a single defendant to overcome the over $75,000 requirement.
Aggregation by one party against several defendants will succeed only where the defendants are jointly liable to the plaintiff. Here, Pam's claims
should be aggregated because a combined amount would equal $120,000 which exceeds the amount of controversy requirements. Next, Pam's claims
should be aggregated because is suing both Rita and DM for individual negligence in the same accident. Thus, this claim is met. Value of Equitable
Relief If a plaintiff is seeking equitable relief (i.e.

Internal Memo for Client
Memo пїЅ PAGE * MERGEFORMAT п
їЅ1пїЅ
In this Memo we will identify and analyze our client's legal situation and assess the situation and describe how the law firm can help. First, we need
to answer the question what is an easement. An easement "is a given or required right to use another person's land without owning or leasing it.
Easements may be either express or implied. Express easements must be in writing to be enforceable, whereas implied easements need not be written.
(Cheeseman Pg.227)". The easement is for a city utility line on the property. So this means a property owner of a piece of property around the property
in question has the right to run a city utility line on the property.
The court that can review and resolve the situation ... Show more content on Helpwriting.net ...
Discovery is presented so there would be no surprises. All relevant facts and document must be summated to the defendant before it goes to trial.
There are three layers to discovery, written discovery, document production and deposition. Written discovery are question and answer that is being
ask, it could be now in the present or it could be question about the past that happen years ago. Document production anything that is related to the
case such as medical records, defect case and or computer file. Deposition is a sworn statement that can range form week to month, and years back.
Before a trial is set to be heard, a lawyer can ask for a motion to dismiss the case if there is not enough evidence or the complain is not relevant to the
case. The court will look into to see if there is a lack of subject matter jurisdiction or a lack of personal jurisdiction. Another step in a civil court
procedure is in a form of alternative dispute resolution. Both sides have a chance to settle the dispute through arbitration before it goes to trial. If the
case does go to trial a judge or jury will decide by preponderance of evidence if the plaintiff is to win.
On the other hand in a criminal case, there must be intent to comment a crime in order to press charge against a person. The case between the city, the
property owner, and Mr. Jones's business regarding the right of utility easement. If Mr. Jones knows that he dose not has the right of easement and still
run utility

Memo Legal Situation
MEMORANDUM
TO:Tracy Belford, Legal Supervisor
FROM:Team C
DATE:November 10, 2008
SUBJECT:Legal Situation – Al Jones
Dear Tracy,
Team C will explain the court level which Mr. Al Jones' case can be resolved, the process or steps in filing a civil suit are addressed. The proposed
resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will
also analyze the probable success in court and any alternative means of resolving the matter.
Court Levels
The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil
and criminal act. This claim ... Show more content on Helpwriting.net ...
Jones. Mr. Jones should anticipate the local courts to hold jurisdiction as this case is focused around local property, local business, and local residents.
Steps required for Court
Complete paperwork: 1. Defendant name, business name and address 2. Amount of plaintiff's claim 3. Basis of claim 4. Filing fees and sheriff fees
5. Copy of civil warrant sent by mail to defendant 10 days before court date. 6. Certificate of mailing delivered to court clerk or judge before trial date.
Service of Process: use sheriff or private process server to deliver papers to defendant

Return of Warrant: court date, on civil warrants failure to appear could result in a default judgment against the defendant. Before judge decides the
case, defendant has the right to remove the case to general district court.
Trial – Both sides are heard and witness testimony is allowed. In small claims court all parties shall represent themselves, attorney may serve only as
an owner, general partner, officer of employee but not as a representative of a corporate or partnership.
Judgment – Judge will decide for the plaintiff or the defendant.
Appeal –As long as the amount in dispute is over $50.00 an appeal may be filed, this must be done within 10 days of the judgment. The appeal will
be tried in circuit court in a formal manner strictly following all of the rules of evidence and procedure, where lawyers usually

International Arbitration After Pursue Remedies
Article 21.2 permits investors to opt for international arbitration after pursuing remedies in domestic courts, but not to engage in local remedies during
or subsequent to investment arbitration. If the investor submits a claim to international arbitration, it must waive its rights to continue or initiate a
claim based on the same measure in domestic courts. This means domestic courts have the opportunity to provide redress for wrongs before they are
raised at the international level. Investors may continue or initiate claims at the domestic level following submission of a claim at international level in
cases where the investor seeks "injunctive, declaratory or other extraordinary relief."
This waiver clause is contained in many BITs and ... Show more content on Helpwriting.net ...
However, the provision serves an important purpose, which is to limit duplicative decisions on the same issue. This purpose is evident in the decisions
of tribunals, which will now be examined.
In Waste Management v United Mexican States, following a dispute between the investor and the government ofMexico, the investor filed the claim
and supplied a waiver which included a sentence that stated that the waiver did not apply to any ongoing dispute in domestic courts surrounding
violations of law other than NAFTA, including Mexican law.
Mexico pointed to ongoing legal proceedings in domestic Mexican courts and argued that the waiver was insufficient. The investor countered that
scope of the waiver is limited to NAFTA, and thus it was not required to abandon domestic proceedings based on a violation of domestic law. The
tribunal rejected this argument and acknowledged that while it might be possible in some instances for proceedings to exist at domestic level that did
not relate to those in NAFTA arbitration, the tribunal found that in this case, the different claims were based on the same measure. Because the purpose
of the waiver is to prevent "double benefit" for the same measure, the tribunal found that the

All Opposing Parties Must Be Citizens Of Different States...
All opposing parties must be citizens of different states to allow for removal to federal court. 28 U.S.C В§1332(a)(1) (2016). In Strawbridge v.
Curtiss, the court held that there must be complete diversity. Strawbridge V. Curtiss, 7 U.S. 267, 267 (1806). The court stated there is complete
diversity only when all the persons on one side of the controversy are citizens of different states from all persons on the opposing side. Id. To remove,
there must be proof of complete diversity of the parties. If International Life finds that one party shares citizenship with an opposing party, it cannot
remove under 28 U.S.C В§1332. In a similar case, Mas v. Perry, the court ruled that state citizenship is dependent on the individual's domicile... Show
more content on Helpwriting.net ...
Additionally, her husband was domiciled in California, and marriage caused no change in domiciliary. There are no facts that suggest an
alternative ruling is proper. Similarly, Maloney has worked in Oakland for several decades as a senior sales person for International Life.
Maloney owns property in Oakland and plans to vote in the November elections. He has no present intention to sell his home. But, he occasionally
visits corporate headquarters, but always returns to Oakland. As ruled in Mas, domicile is determined by Maloney's true and fixed home and his
intention to return. Mas v. Perry, 489 F.2d at 1400. The evidence indicates he always intends to return to his home. Additionally, the longevity of his
employment suggests an attachment to the area. It is probable that the court will hold that Malone is domiciled in California. International Life
must demonstrate that it is a citizen of Delaware and Connecticut, not California. According to 28 U.S.C. В§1332(c)(1), a corporation is a citizen
of every state where it is incorporated and where its principal place of business is. 28 U.S.C. В§1332 (c)(1) (2016). In Hertz Corp. v. Friend, the
court clarified that a corporation's principal place of business is the "nerve center." Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010). The nerve center is
where a corporation's officers direct, control, and coordinate the corporation's activities. Id. This is where the corporation maintains its

Federal Jurisdiction Essay
Federal Jurisdiction
Abstract
In this paper I will discuss a case involving Henry, a resident of Nevada, who sued Adam, a resident of Utah in the Federal Court in California. Henry
sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. I will answer the following
questions about this case. Does the Federal Court have jurisdiction? What rules of procedure will the court use? Why? And what rules of substantive
law will the court use? One of the most essential questions of law is whether a given court has jurisdiction to preside over a given case. Jurisdiction
means the power to hear a case. Many courts ... Show more content on Helpwriting.net ...
A federal court would not have jurisdiction. The plaintiff would have to find a subordinate court to rule on the case, following laws appropriate to
where the occurrence happened.
Since the occurrence happened in LA, the defendant can be sued there. Because the defendant resides in Utah, he could be sued there as well.
Depending on the specific structure of the Utah, California, and Nevada state's court system, trial courts may be city/municipal courts, justice of the
peace, county/circuit courts, or even regional trial courts. Unless the defendant could be served while moving through Nevada, California would
probably be the best place to initially file. Given the conditions of this case, specific trial would most likely be conducted in a California trial court or
the defendant's home jurisdiction, The plaintiff may find one or the other more suitable. In my opinion, selection of the defendant's home town as the
venue would likely be less beneficial to the plaintiff.
Rules of Procedure
If parties are involved in a car accident in Los Angeles, he or she will usually file a lawsuit in the Superior Court of California, County of Los
Angeles. This is because this typically falls under the authority or jurisdiction of state courts in the county where the injury happened, or where
persons involved in the occurrence are located. The rules of procedure for this case would most likely follow California's Civil Procedures. The Civil
Code of California

Essay on Law Test Questions
Note: It is recommended that you save your response as you complete each question. Question 1 (5 points) James believes our system of free enterprise
is the best, even though businesses are not exactly trying to do nice things to competitors, because the end result is that consumers get better products.
"Hey, even though what the businesses are doing is kind of cruel, the ultimate outcome is for the good–what could be wrong with that?" Chris disagrees
with James: "No way will you'll get me to go along with that analysis, James, right is right and wrong is wrong. If a businessman is trying to run a
competitor out of business, the intentions are all wrong–I don't care about end results." Philosophically, what is the best description of... Show more
content on Helpwriting.net ...
When she sees them in the yard, she shouts "Donkeys!" to her helpful servant Janet, who comes to her assistance and they run both donkeys and
neighbors off. Aunt Betsey is considering going to district court to stop the trespassers, can you help Aunt Betsey? What equitable legal remedy
should she pursue? Question 6 options: Rescission Laches Specific Performance Injunction Save Question 7 (5 points) Tina and Rich were having a
massive neighborhood feud. Rich set his rottweiler loose and it promptly ran across Tina's lawn and swallowed Tina's poodle whole. In retaliation,
Tina had a friend from the sanitation department dump two tons of raw sewage onto Rich's front lawn. Now imagine that Tina wants to get a
restraining order prohibiting Rich from

BLTE 10e AM Ch03 Essay examples
Chapter 3
Courts and Alternative
Dispute Resolution
Answers to Learning Objectives/ For Review Questions at the Beginning and the End of the Chapter
Note that your students can find the answers to the even–numbered For Review questions in Appendix F at the end of the text. We repeat these answers
here as a convenience to you.
1AJudicial review
The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making
this determiВnation is judicial review. The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Marbury
v. Madison.
2AJurisdiction
To hear a case, a court must have jurisdiction over the person ... Show more content on Helpwriting.net ...
Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling more than
$21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute.
Case 3.2–What If the Facts Were Different? (Page 73)
Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private
investigator). Would the court still have found that it had personal jurisdiction over Huoqing? Why or why not? The single sale to a resident of the
district, Gucci's private investigator, helped the plaintiff establish that the defendant 's Web site was interactive and that the defendant used the Web
site to sell goods to residents in the court's district. It is possible that without proof of such a sale, the court would not have found that it had personal
jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the
defendants had minimum contacts with the forum, such as by selling goods within the forum.

Case 3.3–Critical Thinking (Page 90)
Legal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out–of–state
arbitrations? If all states could pass

Sovereign Nation Legal Issues On Law Enforcement
Sovereign Nation Legal Issues on Law Enforcement
Vichit J. Hausman
CJCU 465
August 21, 2016
Mr. Courtemanche Sovereign Nation Legal Issues on Law Enforcement
When you ask an average American what is sovereign nation or sovereign citizens extremist, most will likely answer you that they have no idea what
that is. Law enforcement officers across the country are experiencing a growing number of contacts with Sovereign Citizens. Many local, states and
federal law enforcement have been having problems with this group so call sovereign nation group. The Federal Bureau of Investigation (FBI) classifies
sovereign citizens as domestic terrorists, which are scattered across the United States of America. Sovereign citizens are anti–government extremists
who believe that even though they physically reside in this country, they are separate or "sovereign" from the United States (FBI, 2011). Ideology
Many sovereign citizens don't pay taxes and, they hold illegal courts that issue warrants for judges and police officers. They clog up the court system
with frivolous lawsuits and liens known as "Paper Terrorism" against public officials to harass them, and they use fake money orders, personal checks,
and operate fake businesses. They believe they don't have to answer to any government authority, including courts, the IRS, motor vehicle departments,
or law enforcement and, this causes all kinds of problems and crimes (FBI, 2011). They also commit murders, threaten judges, law

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