Mary, the plaintiff, has legitimate case against the trucking company, the defendant, as she has a standing to sue against them. Mary suffered harm from the trucking company and also medical expenses and her lost salary of six months.
Since Mary is a resident of the state of Florida, the Florida State Supreme Court has personal jurisdiction over Mary. Since the accident happened in Florida, and the subject matter of the case is of general jurisdiction, Mary would want to take the case to the Florida State Trial Court. The trucking company’s headquarter is based in Georgia, and Georgia State Supreme Court has personal jurisdiction over the trucking company, and thus the trucking company would want that the case be brought to the Georgia State Trial Court.
Under the authority of a state long arm statute, a court has the right to exercise personal jurisdiction over certain out-of-state defendants that have sufficient or minimum contacts with the state. If there is enough evidence to conclude that the defendant has enough connection to the state, the judge can conclude it is fair for the state to exercise power over the defendant. Since the trucking company has it business operating in Florida, it provides enough evidence to show that the trucking company has sufficient contacts in Florida, and thus the state can exercise personal jurisdiction over the trucking company.
Being a case of general subject matter, which involves suing for damages incurred because of the accident, Mary can bring the case to a state trial court of general jurisdiction. Generally a plaintiff can bring the case before a trial court and then, if he or she loses, the case can be brought to at least one level of appellate court. In this particular case Mary can take the case up to the State court of appeals.
Federal government usually has limited powers of jurisdiction, but federal courts can have subject-matter jurisdiction if the case involves;
1. Federal... [continues]
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(2010, 10). Mary vs Trucking Company. StudyMode.com. Retrieved 10, 2010, from http://www.studymode.com/essays/Mary-Vs-Trucking-Company-459895.html
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"Mary vs Trucking Company." StudyMode.com. 10, 2010. Accessed 10, 2010. http://www.studymode.com/essays/Mary-Vs-Trucking-Company-459895.html.