Description
Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules regarding subject matter and personal jurisdiction to those facts to obtain your answer and explain it. Submit your answer as an attached file. Please review the rubric (under the rubric section) before completing any assignment or short paper.
Assume that you live in California and are on vacation, traveling by car from California to Texas. You are injured in a motel room when the bed on which you are sleeping collapses, causing you to fall to the floor. You suffer substantial back and leg injuries, requiring many medical treatments and causing you to miss work for 15 weeks. Your medical bills total $50,000 and your lost wages total $15,000. You intend to sue the owner of the Texas motel.
- Can you bring your case in federal court? Why or why not?
- Can you commence the case in California? What additional information might you need to answer this question?
- At the end of the trial, the jury awards you $100,000 ($50,000 for medical, $15,000 for lost wages and $35,000 for punitive damages). After the trial, the attorney for the hotel approaches and offers to settle the case for $50,000. Should you consider accepting the settlement? Why or why not?
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Explanation & Answer
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Case Study
Businesses often find themselves in a legal dispute with their clients as well as other
parties who might be involved in their operations. In the current case, I had traveled to Texas on
a business trip where I injured myself after the bed; I was sleeping on collapsed. On whether the
can be brought up against the company in a federal court, it's evident that this matter can be
brought up in a federal court. According to Brundage (143), whether a case can be heard at the
federal or state court depends on the jurisdiction on the matter. Unlike federal courts, state courts
have a broad jurisdiction on matters which they can hear. This includes cases such as robberies,
family disputes, and other minor matters.
In contrast, federal c...