Federal Jurisdiction Essay
In this paper I will discuss a case involving Henry, a resident of Nevada, who sued Adam, a resident of Utah in the Federal Court in California. Henry sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. I will answer the following questions about this case. Does the Federal Court have jurisdiction? What rules of procedure will the court use? Why? And what rules of substantive law will the court use? One of the most essential questions of law is whether a given court has jurisdiction to preside over a given case. Jurisdiction means the power to hear a case. Many courts …show more content…
“Substantive law is the part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law”(Substantive Law, 2012). Rules of substantive law would be the traffic laws in Los Angeles and would most likely be a personal injury case. These cases are “legal arguments that arise when one person suffers injury or damage from an accident or injury, and somebody else might be lawfully accountable for that injury or damage” (Personal Injury, 2012). A personal injury case can become formal through civil court actions that seek to find others legally responsible through a court ruling or such differences may be decided through an informal settlement before any lawsuit is filed. When filing a suit one must remember “diversity of citizenship does not prevent the plaintiff from bringing suit in a state court; however, if diversity of citizenship exists, the defendant has the right to have the case removed to a federal court” (Morgan et al., 2010).
Civil Code (2012). Retrieved June 12, 2012 from http://www.californiacivilprocedure.com/
Diversity (2012). Retrieved June 12, 2012 from http://www.law.cornell.edu/uscode/text/28/1332
Morgan, J.F., Shedd, P.J.,