Jerry, a resident of the State of Oklahoma, was involve resident of the State of

Question

Jerry, a resident of the State of Oklahoma, was involve resident of the State of New York. Jerry Cadillac. Jerry did no d in an automobile accident with Carlos,a wants to sue Carlos for $50,000 for damages to his new t sustain any personal injuries. Discuss whether Jerry can file his action in y or why not? (7 points). If Jerry files his action in the state court located in Oklahoma, explai jurisdiction over Carlos who resides in a different state. (8 points). n what is required to allow the state court in Oklahoma to obtain personal **FOR UP TO FIVE BONUS POINTS*** Explain the purpose of a motion for summary judgment.

Explanation / Answer

Yes, Jerry can and should file in federal court for better and faster redressal and damage recovery.

As it involves multi-jurisdiction, due to rights being exercised of different state, this will be covered in diversity jurisdiction and falls under the control of federal courts.

But the federal court has the authority to hear any case where the value in controversy exceeds $75,000 in amount and no plaintiff shares a home state with any defendant. So, here federal court might not entertain the case,asit is of lower value.

If its filed in Oklahoma, then Carlos is entitled to the rights of his state that is New York, so Oklahoma and New York state laws might get entangled and so the State federal court can address this diversity issue, here the state where the accident has happened needs to be the federal court.

So state court of Oklahoma is not allowed to take the case and only State federal court of Okhlahoma can entertain the case, only if the accident took place in Okhlahoma.

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