Question: Mark has sued his next-door neighbor, Janelle, based on the state common law of negligence....

Transcribed Image Text:

Question: Mark has sued his next-door neighbor, Janelle, based on the state common law of negligence. He is testifying in court, explaining how Janelle backed a rented truck out of her driveway and slammed into his Lamborghini, causing $82,000 in damages. Where is this taking place? (a) State appeals court. (b) United States Court of Appeals. (c) State trial court. (d) Federal District Court. (e) Either state trial court or Federal District Court Strategy: The question asks about trial and appellate courts, and also about state versus federal courts. One issue at a time, please. What are the different functions of trial and appellate courts? Trial courts use witnesses, and often juries, to resolve factual disputes. Appellate courts never hear witnesses and never have juries. Applying that distinction to these facts tells us whether we are in a trial or appeals court. Next Issue: State trial courts may hear lawsuits on virtually any issue. Federal District Courts may only hear two kinds of cases: Federal question (those involving a statute or constitutional provision); or diversity (where the parties are from different states and the amount at issue is $75,000 or higher). Apply what we know to the facts here. Result: We are in a trial court because Mark is testifying. Could we be in Federal District Court? No. The suit is based on state common law. This is not a diversity case because the parties live in the same state. We are in a state trial court.