Memo Legal Situation Essay

1682 words - 7 pages

MEMORANDUM

TO: Tracy Belford, Legal Supervisor

FROM: Team C

DATE: November 10, 2008

SUBJECT: Legal Situation – Al Jones

Dear Tracy,

Team C will explain the court level which Mr. Al Jones’ case can be resolved, the process or steps in filing a civil suit are addressed. The proposed resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter.

Court Levels
The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is ...view middle of the document...

State courts have general jurisdiction meaning they can hear any controversy except those prohibited by state law and those allocated to federal courts. Federal courts can only hear cases that fall within the scope of the constitution.

A jurisdiction may be broken down into three different components. The first component is whether or not the jurisdiction is over a person. The second component is whether there is jurisdiction over the subject matter. The third component is whether there is jurisdiction to render the particular judgment sought. Any court possesses jurisdiction over matters only to the extent granted to it by the constitution.

Territorial jurisdiction is the court’s power to bind the parties to the action. This law determines the scope of federal and state court power. The Due Process Clause of the Constitution’s Fourteenth Amendment determines the state court territorial jurisdiction and the Due Process Clause of the Constitution’s Fifth Amendment determines the federal court territorial jurisdiction.

Other forms of jurisdiction include appellate jurisdiction (the power of one court to correct the errors of another, lower court), concurrent jurisdiction (the notion that two courts might share the power to hear cases of the same type, arising in the same place), and diversity jurisdiction (the power of Federal courts to hear cases in which the parties are from different states).

Federal courts have jurisdiction over matters involving controversies between the states, questions of the federal law, and controversies between parties from different states in which the amount involved exceeds $50,000. In this case since the plaintiff is of Swedish citizenship the federal courts can be involved due to “diversity of citizenship cases occurring between a citizen of a state and a citizen or subject of a foreign county.” (Cheeseman, 2007) Another factor to consider for this case to be in federal court is “the controversy must exceed $75,000.” (Cheeseman, 2007) The local courts are most likely to hold the civil suit situation against Mr. Jones. Mr. Jones should anticipate the local courts to hold jurisdiction as this case is focused around local property, local business, and local residents.

Steps required for Court
Complete paperwork:
1. Defendant name, business name and address
2. Amount of plaintiff’s claim
3. Basis of claim
4. Filing fees and sheriff fees
5. Copy of civil warrant sent by mail to defendant 10 days before court date.
6. Certificate of mailing delivered to court clerk or judge before trial date.

Service of Process: use sheriff or private process server to deliver papers to defendant

Return of Warrant: court date, on civil warrants failure to appear could result in a default judgment against the defendant. Before judge decides the case, defendant has the right to remove the case to general district court.

Trial – Both sides are heard and witness testimony is...

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