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 have limited jurisdictions or limited powers, meaning they can only hear certain types of cases. “An example of this type of limited power is “municipal courts that are limited to city’s residents” (Morgan et al., 2010, p. 29). Any court owns jurisdiction over matters only to the degree granted to it by the Constitution, or legislation of the authority on behalf of which it functions. The question of whether a given court has the power to determine a jurisdictional question is itself, in my opinion a jurisdictional question.
Federal Court Jurisdiction
Morgan, Shedd & Corley ( 2010), p. 29 states that “The judicial system of the United States is a dual system consisting of state courts and federal courts” The U.S. dual system of federal and states courts generates a exceptional problem in conflict of laws. Each state has its own arrangements, dealing and all are multi-tiered. Legal cases begin in a lesser court and sometimes can work their way up to the more refined courts. Some cases originated in a state court system and may eventually end in the federal court system. The amount in question is the $60,000. Under 28 U.S.C. §1332 “(a) a claim for relief must essentially surpass the...
References: Civil Code (2012). Retrieved June 12, 2012 from http://www.californiacivilprocedure.com/
Diversity (2012). Retrieved June 12, 2012 from http://www.law.cornell.edu/uscode/text/28/1332
Morgan, J.F., Shedd, P.J., & CorleY, R.N. (2010). Business Law (3rd ed.). BVT Publishing, LLC
Personal Injury (2012). Retrieved June 12, 2012 from http://www.ehow.com/facts_4895789_what-personal-injury-case.html
Substantive Law (2012). Retrieved June 12, 2012 from http://law.jrank.org/pages/10592/Substantive-Law.html
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