{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

LGST 101 Lecture 5

Allows plaintiff to take case from state court to

Info iconThis preview shows pages 3–5. Sign up to view the full content.

View Full Document Right Arrow Icon
Allows plaintiff to take case from state court to federal court Two criteria o Plaintiff and defendant must be from at least two different states o Suit must be one where you’re suing for at least $70,000 Why can you do this? o Same idea as in concurrent jurisdiction – we want to give you the best hearing we can possibly give you o Since at least two different states are involved, no single state has an interest in the outcome – so federal court may act as referee in outcome So with those general rules outlined above, how do you choose a court? o Need jurisdiction Jurisdiction is simply the power or authority to hear a particular case There are 50 different states with some laws that differ (though most laws are similar) Where the laws differ becomes an issue Plaintiff has an urge to find the state whose laws are best for him or her (which state gives him or her the best outcome) o Called forum shopping o Courts won’t let you do that – will say you can only go where there is jurisdiction, but recognizing that state laws differ o How do state laws differ? Statute of limitations
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Law that tells you how long you have to sue once an incident occurs, such as a breached contract (a time limit within which you must sue) Length of statute of limitations vary by state – lawyers have to consider this Tort – Good Samaritan statute Some states have it, others don’t Good Samaritan statute says that if you damage someone will trying to help him or her, he or she can’t sue you o This is because you were motivated by the desire to help Rules regarding wills Some states follow what’s called the intent of the person who writes the will, or the intent of the testator o State will look at will, decide what the person who wrote the will wants to do, and then try to make that happen Other courts will follow absolute ownership rule o If the person who wrote the will gives everything to husband, son, etc., then that’s it – there’s no… Two competing rules, depending on your will o Jurisdiction helps you choose what’s appropriate that’s still within the control of the law o More about jurisdiction Because of differences in law, where you go makes a difference How do you know where to go?
Background image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}