Chapter 2 - Chapter2 problem solutions

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THE RESOLUTION OF PRIVATE DISPUTES I. OBJECTIVES: As its title suggests, this chapter is concerned with the resolution of disputes that give rise to civil cases. For the most part, it is a nuts-and-bolts chapter intended to acquaint the student with courts, their civil jurisdiction, and the procedures they use in civil cases. The chapter also contains a discussion of alternative dispute resolution. After reading the chapter and attending class, the student should: A. Be familiar with the various kinds of state and federal courts and the common bases of their trial and appellate jurisdiction; B. Understand the various procedural steps in a civil case; and C. Have knowledge of the significant forms of alternative dispute resolution and their advantages and disadvantages. II. ANSWERS TO INTRODUCTORY PROBLEM: A. Wilson clearly may pursue her case in New Jersey, where the defendant corporation’s principal offices are located. Depending upon how the applicable long-arm statute is worded and upon whether constitutional principles of due process would be satisfied, Wilson may be able to pursue the case in her own state, Illinois. See the chapter’s discussion of in personam jurisdiction and the use and operation of long-arm statutes. B. Wilson would not be restricted to suing in state court. She would have the option of suing in federal court, either in an appropriate court in the district of New Jersey or in an appropriate court in the district of Illinois (assuming in personam jurisdiction could be established on the part of a federal court in the Illinois district) Again, see the chapter’s discussion of in personam jurisdiction and the use and operation of long-arm statutes. The reason that federal court would be an option for Wilson is that the requirements of diversity of citizenship jurisdiction (one of the forms of subject matter jurisdiction in federal court) would be satisfied. Wilson and XYZ are parties from different states, and there is more than $75,000 in controversy. See the chapter’s discussion of diversity jurisdiction. C. Assuming Wilson sues in state court, XYZ will have the option of removing the case to federal court if XYZ acts promptly. XYZ has the power of removal because this would be a case of concurrent jurisdiction--one that was properly brought in state court but could have been brought in federal court (in this instance, because of the diversity jurisdiction principle discussed above). See the chapter’s discussion of concurrent jurisdiction and the power of removal. D. The procedural steps are those outlined and discussed in the chapter’s section on civil procedure (see text, pp. 39-49). E. Yes, if the documents and e-mails are relevant to the case. See the discussion of legal and ethical issues at pp. 40-45. III.
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This note was uploaded on 04/27/2011 for the course ECO 280 taught by Professor Balaban during the Spring '11 term at CUNY Hunter.

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Chapter 2 - Chapter2 problem solutions

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