Federal Jurisdiction Essay

Henry, a resident of Nevada, sued Adam, a resident of Utah in the Federal Court in atomic number 20. He sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. Does the Federal Court have jurisdiction? No the national official official flirt does not have jurisdiction everyplace this case. In order for this case to fall within the guidelines of a federal suit it would have to vary for diversity of citizenship. Diversity of citizenship exists in suits amongst (1) citizens of different states, (2) a citizen of a state and a citizen of a irrelevant country, and (3) a state and citizens of an new(prenominal) state. In this case since Henry is a resident of Nevada and Adam is a resident of Utah he stern file the suit in California where the accident occurred but it must(prenominal) be in state speak to. Diversity of Citizenship has a minimal jurisdictional amount of $75,000. Henry is only asking for $60,000 in d amages. The only other way for this case to be time-tested in federal court would be if Henry could prove that the lawsuit contains a federal question.For this on that point is no jurisdictional amount. Civil actions that would fall under this may impact matters such as bankruptcy, anti-trust, securities regulations, patents, copyrights, trademarks, taxes, elections, the rights guaranteed by the Bill of Rights, and those rights secured to individual citizens by the fourteenth Amendment (Morgan, Shedd & Corley, 2010). The information given does not show where any of the federal questions come into play. However if this case could be tried in federal court it would actually benefit the defendant as it has the advantage of allowing for the instrument panel to be selected from an area larger than the county where the case arose. This hopefully will crucify the possibility of jurors tending to favor the plaintiff. Henry would be better of hiring a personal injury attorney.What ru les of procedure will the court occasion? The court selected by the plaintiff must decide both whether it has the jurisdiction to visualise the case and, if it has, whether another forum is more suitable for the disposition of the case. In this case they would use the rules of procedure for civil cases under the state of California judicial rule. Why? The case will have to be tried in state court versus federal court because it does not qualify as a federal case. In the state court it would be seen as a civil case brought against Adam by Henry. What rules of all-important(a) law will the court use? The court would use the meaty law, including conflict of laws principles, of the state in which they are sitting. In California they would use civil law.ReferencesMorgan, J., Shedd, P., & Corley, R. (2010). Business law. (3 ed., pp. 3-40). Redding, CA BVT Publishing, LLC.