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Case Study : Business Law I Essay

Decent Essays

Eider I. Espinosa
ACCT 261 – Business Law I
Prof R. Stein

Fact Pattern 1
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
The diversity of citizenship clause stipulates that matters that involves two or more parties of varying citizenship, such as state of residency or country of origin, and who’s legal dispute is greater than seventy-five thousand dollars, will be protected and served by the United States law under the jurisdiction of the federal court. The privileges and immunities clause prohibits states from discriminating against one another’s citizens, they are not to be unprivileged from any legal protection, access to courts, or travel and property rights. Lastly the commerce clause permits

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