If a car dealership in New York sold a car to a person, and that person two years later got into a car accident in Oklahoma, should the car dealer be subject to Oklahoma State court jurisdiction? Why or why not?
The car dealer should be subject to Oklahoma State court jurisdiction because it is the defendant’s jurisdiction. Under civil procedure rules, the residence or the place where injuries are sustained by the applicant override the defendant’s jurisdiction.
Do you think Courts should permit evidence about a defendant’s propensity to commit bad acts? Why or why not?
Courts should permit evidence about a defendant’s propensity to commit bad acts. Such information would enable the court to evaluate the present cases easily. For one, a defendant whose life has been characterized by engaging in illegal engagements would most likely be culpable to the present case. Also, this aids to evaluate if the events occur out of accident or intentional.
What do you think about the Judge’s ability to issue a “judgment notwithstanding a verdict”? Is this a wise check on juries or does it raise the potential for abuses of power? Why or why not?
Judge’s ability to issue a “judgment notwithstanding a verdict” is not a wise check because it further raises the potential for other abuses of power. Instead, verdicts should be issued without compromise or undue delays.
What’s the test to determine whether a State court has personal jurisdiction over one of the parties?
Several tests would be applied to determine whether the State court has personal jurisdiction over one of the parties. The first test the contacts test which asserts that in the event a party is found to be in close contacts with the jurisdiction, it would b rather unfair to have the case heard in a different state. In addition, the territorial test is used to note the exact place where the events occurred, and possibility of state’s laws acting in favor of the applicant. Furthermore, the overall reasonableness test is applied to note the most effective jurisdiction to be applied in the case. If rules of personal jurisdiction override over one of the parties, it is advisable to have the former being applied.
What are two ways that cases can make it into Federal Court?
Cases can make it to the Federal Court in the event that the issue in question involves a breach that includes violations to the constitution. Furthermore, it is plausible that cases may make it to the Federal Court if the amount in question between parties of different states exceeds 75,000 dollars.
When a Federal Court hears a diversity case, should they apply state law or federal law? Name the relevant doctrine.
In such a case, it is desirable for the Federal Court to apply the diversity jurisdiction doctrine. Here, it is advisable for the federal law to be applied so that each of the parties get a fair hearing and adjudication of the points in conflict.
Once a defendant receives a complaint, what are his/her options?
As soon as a defendant receives a complaint, they are supposed to reply, denying or accepting the issues raised. This way, the complainant would now know whether to proceed with the legal litigation or commence settle the matter out of court.
Name two common types of discovery.
The common forms of discovery are interrogations and request for production.
What pre-trial motion can a party in a civil suit file do if they feel certain that there are no genuine issues of material fact?
Motion to suppress evidence can be filed by a party a civil suit file do if they feel certain that there are no genuine issues of material fact
The example that does not constitute impermissible hearsay is: “To prove that Peter’s voice box wasn’t damaged at the time of the accident, Oliver testifies that he heard Peter say ‘Thank God I’m not hurt!” right after the accident took place.
If the judge thinks that a jury has reached a legally impermissible conclusion in a civil case, a post trial motion may be filed in the case.