Question
While many actions that arise in civil litigation will be fully resolved in state courts, others are, by law required to be brought in federal
While many actions that arise in civil litigation will be fully resolved in state courts, others are, by law required to be brought in federal court. In this assignment you will review the following types of cases, and prepare a report in two parts. Assume each action arises from an incident or fact pattern in your hometown. You must determine whether the action would need to be brought under the jurisdiction of state or federal court, and identify the appropriate venue (think location!) for each case. The complete assignment should be between 500-700 words and cite both of the court websites where you retrieved your answers in Blue Book format. You must cite at least two references (the court websites,) and any other citations must also be in Blue Book format.
Use the following cases to complete Parts One and Two:
- Your client has over $200,000 in medical debt they cannot pay and wants to file a bankruptcy.
- Your client was in a car accident with another resident of your state and the accident took place within the same state. Damages are expected to be under $50,000.
- Your client wants to bring a civil action claiming a violation of their rights under the US Constitution.
- Your client wants a divorce from their spouse of 13 years and to be awarded primary custody of their children.
- Your client has an immigration argument because their spouse is being threatened with deportation.
- Your client had their home seized by the Internal Revenue Service and wants to prevent it from being sold.
Complete the tables and refer to both the uscourts.gov website and the local district court website for Gary, Indiana to determine where the nearest courthouse is for each type of action (for example, where is the nearest Bankruptcy court to your hometown?) and provide the address of the courthouse.
Part One:
- List which types of cases would be initiated in state courts and the address of the nearest courthouse.
- Explain in a paragraph of at least 250 words why each case type should be filed in state court. Be sure to cite your authority from the state court website for Gary, Indiana, and ensure the citations are in Blue Book format. Please explain why you selected the jurisdiction and venue you did.
State Court Case | Nearest Courthouse Address | Reasoning |
---|---|---|
Jurisdiction and Venue Explanation:
Part Two:
- List the types of cases that would be initiated in federal courts and the address of the nearest courthouse.
- Explain in a paragraph of at least 250 words why the federal courts have jurisdiction and why you selected the venue you did. Be sure to cite the US Courts website using Blue Book citation formatting.
Federal Court Case | Nearest Courthouse Address | Reasoning |
---|---|---|
Jurisdiction and Venue Explanation:
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Part One Cases Initiated in State Courts State Court Case Nearest Courthouse Address Reasoning Car accident damages under 50000 Lake County Superior Court 2293 N Main St Crown Point IN 46307 State cou...Get Instant Access to Expert-Tailored Solutions
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