PAR 1103Litigation

Assignment 7

10 points

RESOURCES

Court charts and other resources on eLearn

Ohio jurisdictional statutes:HYPERLINK "http://codes.ohio.gov/orc"http://codes.ohio.gov/orc

R.C.1901.01, 1901.02,1901.17, 1901.22, 1901.18 (A),1907.01,1907.03,1925.01,1925.02,2305.01, 2743.01,2743.03

Federal jurisdictional statutes:HYPERLINK "http://www.law.cornell.edu/uscode/text/28"http://www.law.cornell.edu/uscode/text/28

28 U.S.C.151, 28 U.S.C.1331, 28 U.S.C.1332 (a-c), 28 U.S.C.1334, 28 U.S.C.1338, 28 U.S.C.1441

Supreme Court website listing all Ohio Courts:HYPERLINK "http://www.supremecourt.ohio.gov/JudSystem/trialCourts/default.asp"http://www.supremecourt.ohio.gov/JudSystem/trialCourts/default.asp

Supreme Court Writing Manual for proper citation form:

HYPERLINK "http://www.supremecourt.ohio.gov/ROD/manual.pdf"http://www.supremecourt.ohio.gov/ROD/manual.pdf

PERFORMANCE CRITERIA

Accurate answers.

Fully explain how the applicable statute applies to the facts of each situation.Be specific.Example:Luther Burbankfrom Daytoninvented a new flower, the Xenia Snapdragon. Crabby Appletonfrom Xenia,stole Luther's idea and is profiting from it. If Luther sues Crabby, in which court must he file his case?Answer:Luther must file intheU.S. District Courtfor the Southern District of Ohio, Western Division.Pursuant to28 U.S.C. 1338, thefederal district courts have exclusivejurisdiction in plant variety protection cases.

Cite the appropriate statute(s) using proper citation form.

Make sure your answer includes thecorrect fullname of theCourt. For example, your answer should refer to the Franklin County Court of Common Pleas rather than just Common Pleas.

If a court's jurisdiction is exclusive or concurrent in the particular situation involved in the question, includethe words "exclusive "or "concurrent" in your answer.

Use words of legal significance, such as "diversity of citizenship" and "federal question," if applicable.

Use complete sentences, proper grammar and spelling. Leave a blank line in between each answer.

QUESTIONS

For each situation listed below, give adetailed explanationabout which court (or courts if more than one applies) hassubject matterjurisdiction, and cite the applicable statute(s).

The following incidents took place in Ohio one dayin the past year.

Tonya Jenkins, a Troy resident, was injuredin a serious car accident when a drunk driver drove through a red light. She wants to sue the other driver,Vanessa Reynolds,also fromTroy, for $150,000to cover her medical bills and pain and suffering.(Cause of action: Negligence)

James Henry isan attorney in Tipp City, with a background in computer science.Jamesinvented anew iPhone app that allowed drivers stopped for a D.U.I to instantly connect with him for legal advice, which worked so well, he applied for a patent. Then Jameslearned at a bar association meeting thatanother local attorney, Steve Estabrook,had copied his idea.Jameswants to sue for an immediate restraining order before he loses all his business to Steve.(Cause of action: Violation of federal patent law)

Keri Cousins, is astudent at Miami University and lives in a sororityhouseinOxford, Ohio. She is angry with her neighborhood dry cleaner- it's just two blocks from her house - because the cleanersdidn't get the spots out of Carrie'sfavoriteleathercoat, although they guaranteed satisfaction.Carrieis suing for $278.00.(Cause of action: Breach of warranty andviolation ofOhio Consumer Sales Practices Act)

Nicole Newton, a high school studentinBellbrook, wrote an editorial in her high school newspaper, criticizing the schoolfor invading student privacy by secretly conducting locker checks for drugs, after school hours.When the school administratorsread the editorial, they gathered up all copies of the newspaper and destroyed them, and suspendedNicolefor 3 days.Nicoles's parentscontact the American Civil Liberties Union (ACLU), asking them to sue the school because the suspension will impactNicole's college applications. (Cause of Action: Violation ofthe First Amendmentto the United StatesConstitution-right to free speech)

Courtney Moran and Sarah Wang, both classmates at Wayne High School in Huber Heights,Ohiorecently obtained their driver's license and were excited when their parents allowed them to drive to school on a Saturday night to compete in the MusicinMotion competition. When leaving, there was a long line of cars to get out of the parking lot, and the students were all singing and having fun,and yelling out the windows to make plans to meet up at the local restaurant. Anxious to get moving, Courtney accidently bumped the fender of the car in front of her driven by Sarah. Sarah's parents insist on suing Courtneyfor $2,000to fix the damage to the car.(Cause of Action: Negligence)

Nyla Omera,a resident ofYellow Springs,Ohiooften travels weeklyto the Trinity Nursing Home in Beavercreek, to visit her elderly mother, and she oftentakes her out forher favorite activity- getting an icecreamconeat Young's Jersey Dairy. In theparking lot of the restaurant,after Nylagets her mother back in the car, another car driven by Dylan Winslow of Xenia,Ohiobacks out of an adjacent parking spot and runs over her mother's walker and nearly hits Nyla, but just drives off as if nothing happened. Nyla's mother is so traumatized from hearing her daughter's screams and seeing the demolished walker, she refuses to leave the nursing homeeveragain.Nyla hires a lawyer for her motherto sue Dylan for the cost of replacing the walker, and forher loss of enjoyment of life caused by the accident, and is seeking$12,500(Cause of Action: Negligence)

LuigiRossi, the owner of Luigu'sPizzain Lebanon, Ohio,enters into a written contractwith the State of Ohio, Department of Correctionsto supply pizza for the prison guards' Christmas party at the prison in Lebanon, Ohio.At the time, the governor had instituted a new policy that no state agency was allowed to pay for food at any state sponsored event, so the bill does not get paid.Luigi's wantsto sue the state for damages.(Cause of Action: Breach of contract)

One of Luigi'svendors, Praiseworthy PizzaProducts, is having financial troubles andhas tofile forbankruptcyprotection. Luigi gets a notice that he will not be receiving the pizza sauce he previously ordered and paid in advance $1000 for expedited shipment.Where mustLuigigo tofile a proof of claim for a refundfrom the bankruptcyaction?

Monica Munoz is an up and comingcountry singer,well known in Dayton after she won a local contest, "DaytonIdol," andwas awarded a recording contract with ReFraze Recording Studios, whichimmediately took steps to help her copyright her songs.However, one day Monica is at a club and hears parts of her song in a mash-up with a rap song that she thinks will ruin her reputation as aclean, country girl.She wants to suethe studio who recorded the mash-up, Ruff Mix Studios.(Cause of action: Violation of federal copyright laws)

When the Superbowl was held in Cincinnati between the Cleveland Browns and the Indianapolis Colts, hundreds of crazy fans organized car pools to drive to the game in unison to show their support. Unfortunately, it was held on a day with icy, blizzard conditions, resulting in numerous accidents.On the way to the game,Jim Boyle,a Brown's fan from Clevelandwas injured in an automobile accidenton I-75, just south of I-70, when the van beside him hit an icy patch and lost control. The van was driven by PeterMahon, from Indianapolis,whose entire family was injured when the van flipped and slid across the road. Both drivers want to sue each other for medical bills in excess of $100,000, property damage in excess of $50,000, and an amount in excess of $25,000 for lost opportunity to enjoy watching the Superbowl.(Cause of Action: Negligence)