Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

ALALLM - PRACTICE ESSAY 3: SPRING 2022 FEBRUARY 2005 Buyer and seller were both citizens of State X, where they attended State University. Just before

image text in transcribed
ALALLM - PRACTICE ESSAY 3: SPRING 2022 FEBRUARY 2005 Buyer and seller were both citizens of State X, where they attended State University. Just before they graduated, Buyer purchased Seller's car for $2,500. At the time S "in good working order" and that it was a "safe, reliable little car." Seller knew, however, that a local mechanic's inspection of the car had revealed that its brakes were s significant safety hazard and required immediate replacement. Instead of informing Buyer of the danger, Seller showed Buyer the mechanic's bill and told him that the out." After graduation, Buyer decided to move permanently to Big City in State Y. Buyer decided to use the car he bought from Seller for the move. He believed that in a few r all of his belongings to his new apartment in Big City. On his way back to his State X apartment after his first trip to his new apartment in Big City, Buyer was seriously in a highway in State X. Friend, a citizen of State X and a passenger in Buyer's car was the only witness to the accident. He and Buyer will testify that the accident happened Buyer attempted to negotiate a curve in the highway. After weeks of hospitalization in State X, Buyer settled permanently in his apartment in Big City in State Y. Having discovered Seller's deceit, Buyer sued Seller in the U.S. District of State X, seeking to recover $500,000.00 under State X tort law for this injuries and lost wages. In addition, Buyer claimed Seller's misrepresentations constitut under State X contract law and sought recovery of the $2.500 be paid for the car. One week after the suit was filed, Seller also decided to relocate from State X to Big City, taking a job there and assuming State Y citizenship. Seller has filed a motion to dismiss Buyer's two claims for lack of subject matter jurisdiction. Seller has also moved for a change of venue to the U.S. District Court for the D 1 Should the court dismiss Buyers' tort claim, Buyer's contract claim, or both for lack of subject matter jurisdiction? Explain. 2. How should the court rule on Seller's motion for a change of venue? Explain

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law For Recreation And Sport Managers

Authors: Doyice J Cotten, John Wolohan

8th Edition

179244429X, 978-1792444296

More Books

Students also viewed these Law questions

Question

5. How can I help others in the network achieve their goals?

Answered: 1 week ago