Patricia has just started a job as a paralegal. The firm has recently acquired a lot of new business and will file complaints on behalf of several new cases in the next week or so.
Patricia has just started a job as a paralegal. The firm has recently acquired a lot of new business and will file complaints on behalf of several new cases in the next week or so. The cases differ in type and size, so the court jurisdiction will have to be determined carefully. Patricia does not have much experience, but is eager to learn. Her first task is to determine in which jurisdiction the cases should be tried.
1. Patricia’s firm represents Marcus Adell, who was severely injured in a car accident in the state in which Patricia’s firm resides. Marcus is also a resident of this state. The person who was driving the car that hit Marcus and caused the accident lives in another state. Patricia thinks they should file suit in the state in which the accident occurred. What statute would permit Marcus and Patricia’s state to have jurisdiction over the person who hit Marcus even though that person lives in another state?
a. Concurrent jurisdiction
b. Long-arm statute
c. Diversity of citizenship
d. None of these choices
2. Patricia’s firm represents Joan Padilla. Joan was injured when she attended a traveling carnival in Texas. She was walking next to a ride when a part from the ride flew off and struck her in the leg. She has incurred medical bills in excess of $150,000. The carnival’s company has offices in Texas, but the headquarters are in New York. In which state(s) could Patricia’s firm file suit?
a. Only Texas
b. Only New York
c. Texas or New York
d. Neither state, because Joan does not have a valid case
3. Patricia’s firm represents Jamie and Shelby Carson. They would like to sue the company that they hired to do engineering work for them on a plot of land on which they wanted to develop a subdivision. The Carsons believe that the work performed by the engineering company was subpar. The contract between the Carsons and the company contained a provision about mediation before initiating a lawsuit, so the clients wonder whether they should initiate a suit in court or not. What is mediation?
a. Mediation is a method of settling disputes outside of court by using the services of a neutral third party. The decision is not binding on the parties.
b. Mediation is when both parties employ the same attorney to represent their case, and the attorney works with both parties until an agreement is reached.
c. Mediation is a method of settling disputes in which is a dispute is submitted to a disinterested third party who issues a decision that may or may not be legally binding.
d. Mediation is a written agreement to submit a legal dispute to an arbitrator or arbitrating panel for resolution.
4. Patricia’s supervising attorney has asked her to draw up a list of questions that clients should consider before initiating a lawsuit. The attorney will keep this list on file and use these questions during interviews with potential clients. Which of the following questions should Patricia notinclude on this checklist?
a. What do you hope to accomplish with this litigation?
b. Would you be willing to consider some form of alternative dispute resolution to settle the dispute?
c. How much money are you willing to pay to settle your grievance?
d. Given the cost of litigation that I have roughly estimated for you, are you still interested in pursuing a trial?
5. Patricia has been asked to review the case of a new client to determine if the case can be filed in federal court. After reviewing the details, she has been asked to write a brief recommendation to her supervising attorney on this matter. She knows that the case is not based on a question of federal law. Which of the following circumstances will qualify the case to be filed in federal court?
a. The case must involve more than $75,000 and citizens of different states.
b. The case must involve more than $100,000 and at least one subject of a foreign country.
c. The case must involve more than $75,000 and citizens of the same state.
d. The case does not fall under federal court jurisdiction because it is not based on a question of federal law.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
