End of Chapter Case Questions: Questions are from the Case Problems section foun
ID: 398072 • Letter: E
Question
End of Chapter Case Questions: Questions are from the Case Problems section found at the end of each chapter. Answer each assigned case problem completely with a justifiable decision that based upon the law and what you have learmed in class. In order to receive full points for your answers please use the following IRAC format. The entire assignm ent is worth 30 points Assignments are due on a weekly basis 1) Identify the issue in the question. The issue is typically the question at the end of the facts 2) State the rule of law. The rule of law is typically be foundin the chapter and it is the rule that applies to the issue 3) Analyze the facts of the case and apply the rule of law 4) State your conclusion based upon the facts and the law 2. Which court(s) have jurisdiction over each of these lawsuits-state or federal? Explain your reasoning or each answer Pat wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised to sell him the se next door Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is Dallas. She claims that while she was in Texas on holiday, she was injured by thein negligent maintenance of a stairway. She claims damages of $30,000. Phil lives in Tennessee. He wants to sue Dick, who lives in Ohio. Phil claims that Dick agreed to sell him 3,000 acres of farmland in Ohio, worth more than $2 million. . Pete, incarcerated in a federal prison in Kansas, wants to sue the U.S. government. He claims that his treatment by prison authorities violates three federal statutesExplanation / Answer
The issue in the cases mentioned below is common for all. It is to determine which court will have the jurisdiction on these incidents. Thus we will work on the RAC part of the cases mentioned below.
PAT wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised to sell him the house next door.
Rule: Contract law. This deals with an agreement and promise made by one party to another.
Analysis: Both the parties are local and most likely in the same state and town. Thus it is likely within the local jurisdiction.
Conclusion: State court will have jurisdiction on this case
Paula, who lives in New York City, wants to sue Dizzy Movie theatres, whose principal place of business is Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of stairway. She claims damages of $30000
Rule: Tort law – Duty of care
Analysis: The negligent act was performed in Texas. Also considering that the claim amount does not exceed 75000, the likely court where this case can be resolved is the Texas state court
Conclusion: State court of Texas will have jurisdiction on this case
Phil lives in Tennessee. He wants to sue Dik, who lives in Ohio. Phil claims that Dik agreed to sell him 3000 acres of farmland in Ohio, worth more than $2 million.
Rule: Contract law – real estate (land contract).
Analysis: The parties are citizens of different states. The amount of claim involved will likely exceed $75000.
Conclusion: The federal court will have the jurisdiction on this case
Pete, incarcerated in a federal prison in Kansas, wants to sue the US Government. He claims that his treatment by prison authorities violates the three federal statutes.
Rule: Federal law – due to the involvement of US Government
Analysis: The prison is owned by federal authority, thus can only be tried in a federal court. In addition, the suit is against US Government, and thus it cannot be handled by a state court.
Conclusion: The federal court will have jurisdiction on this case.
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