PLEASE PROVIDE A NEW ANSWER Read the Hypothetical Case Problem #1 at the end of
ID: 368711 • Letter: P
Question
PLEASE PROVIDE A NEW ANSWER
Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:
If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
In which state or states can the suit be brought?
Assume that Javier incurred $100,000 in damages.
Analyze whether the suit can be brought in federal court
Explain the advantages and disadvantages of federal versus state court for this type of suit.
Guided Response: Analyze and respond to at least two of your classmates’ postings by Day 7. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.
Applying the Law to a Set of FactsExplanation / Answer
Javier would be the plaintiff because he is suing against Ebergy-Auto Inc.Defendant will be Energy-Auto Incl. against whom lawsuit is taken.
The suit can be taken in NewYork state because plaintiff lives there and defendant located there.
A litigation can be brought to federal court if any of the two conditions are met a- The plaintiff and defendant are from different states and the damages amount to $10,000 and b- Where damage is more than $75,000. In this case neither of these points are fulfiiled, so the case cannot be brought to federal court.
In this case the advantage of federal court is that parties will not have to worry about the exclusion from a state court because everyone will be treated with inclusiveness in federal court and disadvantage is that diversity clause is not there in this case where parties belong to different states.Advantage of state court is that though incident happened in the native state, jurisdiction and law of the state will be suffice and disadvantage is that in any case if either of the parties not satisfied with the judgement they can appeal in federal court.
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