Question
Jurisdiction Miriam Claude, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck
Jurisdiction
Miriam Claude, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages.
Identifying the Facts and Issues
Before any court can hear any dispute between Miriam and the trucking company, it must have
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over the person or company against whom the suit is brought against or over the property involved in that lawsuit. In order for Miriam to sue the trucking firm, she has to file the lawsuit in a court that has in personam jurisdiction over the
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. The firm's headquarters are in Georgia, although the company does business in Florida, so
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in personam jurisdiction over the trucking firm. Miriam
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sue the trucking firm in both Georgia and Florida state courts.
Assessment question
Miriam would likely NOT want to sue the trucking firm in Georgia because she would need to:
- Get a lawyer in
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- Make multiple trips to
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- Have
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- travel to Georgia
Assessment question
Miriam would likely want to sue the trucking firm in Florida because:
- It is
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- She can better research
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Assessment question
Miriam
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sue the trucking firm in a federal trial court because
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and
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.
Assessment question
What If the Facts Were Different?
Assume that the trucking company did not do business in Florida but was just passing through.
Miriam
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still sue in Florida because the trucking company has
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contacts in Florida since it caused the accident in
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. If the truck did not cause the accident and was just passing through, Miriam
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sue in Florida since there were no
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contacts.
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allows one state to reach into another state and bring a defendant into the first state's courts.
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