Legal System Identification
University of Phoenix
Legal Team (Chambers A, Koyi A, Marinez G, and McDonald K) Subject:
Mr. Al Jones’ utility easement legal situation
August 18, 2008
Statement of Facts
Our client Mr. Al Jones, a land developer has been threatened to be sued for fraud against a municipality by the city he was building his newest and largest subdivision. Mr. Jones’ adjacent property owner, a citizen of Switzerland, has also threatened to sue him for damages and trespassing to his property. Our client is facing this legal dilemma because the City discovered an easement for a city utility on the subdivision that did not belong to him. Moreover, the owner of the property where the utility easement is located also discovered the error.
• Describe the state and/or federal court(s) that can review and resolve the situation. • The court(s) that may have jurisdiction over the situation. Explain. • Identify the stages and processes for reviewing the situation in civil court. • Compare the proposed resolution of the civil aspects of the situation with the criminal acts resolution. • Analyze the probable success of a court proceeding and any alternative means of resolving the civil matter including the role of dispute resolution. Analysis
Cheeseman (2007) indicates that Article 3, Section 1 of the U.S. Constitution establishes the sharing of powers between the national governments and the state governments. However, there is specificity in powers exclusive to the federal government (U.S.Supreme Court) and the rest of the powers reserved for the states. Therefore, the federal and the state governments need their own judicial system in interpreting their laws. Since Mr. Jones’ legal situation occurred within the city of a state, his legal situation can be reviewed and resolved by any of the following courts in that state: the General Jurisdiction Trial Courts, the Intermediate Appellate Courts, and the Highest State Court (the State Supreme Court). Meanwhile, in a situation where a state handles a case that is within its delegated powers but does not have total exclusive power to handle some parts of the case, it becomes a concurrent jurisdiction for the federal and the state court. There are two distinctive areas of concurrent jurisdiction as stated by U.S.Courts (2008), • “Diversity of Citizenship
In civil cases involving citizens of two or more states in which the dollar amount in question exceeds $75,000, a state court may hear the case if the defendant in the case does not petition to have the case removed to federal court. Furthermore, if a civil case involves two or more citizens of different states, but the amount in question does not exceed $75,000, the case must be heard by a state court. • Federal Question
Any state court my interpret the U.S. Constitution, federal statute, treaty, etc., if the applicable Constitutional provision, statute, or treaty has direct bearing on a case brought in state court under a state law. However, by interpreting the U.S. Constitution, federal statute, or treaty, the state is subjecting itself to federal review. This means that after a state Supreme Court has acted on a case, the U.S. Supreme Court may review it. In such instances, the U.S. Supreme Court is concerned only with reviewing the state court’s interpretation of the applicable federal Constitutional provision, statute, or treaty. It does not review any matters of law that are under the exclusive jurisdiction of the state courts.”
Furthermore, because the legal situation in question falls under the umbrella of state law, real estate law, and limited liability company law, the state court that may have jurisdiction over the situation is the State Courts of where the...
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