They have SMJ but not through DJ. The amount in controversy is over 75,001 but, both parties are from the same state, thus they are not diverse. They do however still have SMJ because there is FQJ as a federal question arises from Diane’s complaint. Jack permanently disabled the gun’s safety features to be able to react more quickly to a turkey sighting which could be violation, thus warranting a federal claim under the Federal Gun Safety Act (“Safety Act”). The Safety Act provides a cause of action for harm caused by gun owners who alter the safety features of a gun that has traveled in interstate commerce. Diane, has established a Prima fascia case based on FQJ because Jack accidently dropped and fired his altered gun, and inflicted a serious chest wound on Diane. The gun was bought in state B and transferred to his …show more content…
It is highly probably that Diane could initiate a case based on Personal Jurisdiction based on the facts in this case. State C’s long-arm statute provides that state courts may exercise personal jurisdiction “to the limits allowed by the United States Constitution.” The statute means State C’s long armed statute can be applied as long as it does not violate any constitutional laws. The fact pattern suggests nothing that insinuates there are any violations of federal law, consequently Diane would be able to file a federal claim based on PJ if she could establish PJ over Jack. As no property exist in the forum that would apply to this case, Diane must establish PJ through due process of service. Jack could simply just consent to service, but since he is contesting the suit under the basis of lack of SMJ and PJ, it is highly improbably that Jack would consent to service. Jack’s implied consent would also not apply here because, while he did travel/drive to state C, the case in question is not a result of his trip to state C. However,
Thus, Pam’s citizenship will not be State B because there is strong evidence that she intends to return to State A.
Mr. Aaron Jackson was placed under arrest and charged with illegal possession of the firearm. It was later discovered that the state of Newtown, a place located near New Setonia and where Mr. Jackson lives, had a similar statute. This statute stated the trucks defined in the New Setonia’s law is actually commercial vehicles. Mr. Jackson asked for a motion to suppress the evidence seized from the car. First, the trial court denied this motion, and Mr. Jackson pleaded guilty. Mr. Jackson appealed for a motion to suppress once again, which was denied because it was stated how Officer Raymond’s initial stop was reasonable under the New Setonia law. When Mr. Jackson made yet another appeal, the Court of Appeals decided to hear the case. Now, the question lingering is whether Officer Raymond stopping the Defendant for violating the New Setonia’s statute is
"Our firm focuses on labor and employment law and, in the last ten years of my career, I have recovered more than $100,000,000 (http://www.floridaovertimelawyer.com/ourpastresults/) for workers across the country in cases involves minimum wages, overtime claims, race discrimination cases and more. Contact our firm to discuss your case. If your rights have been violated in any way, such as in the case of the worker with the legally stored gun, we'll work to ensure you get the compensation you deserve," Celler states.
On November 19, 2016 I went to Price County Superior Court from 9:30am-12pm. I watched the court session in room 202A of case #16-077-01126 between John Lewis and the State of Washington. Present in the courtroom was Judge Whitener, prosecutor Lewis of WA state, John Lewis the defendant representing himself, an appointed court member to assist the defendant, Deputy Kevin Pressel who gave the witness testimony, and lastly the court reporter, clerk, and bailiff (no jury). In this case, Lewis driving a truck was being followed by another vehicle who also reported that Lewis shot a revolver out his window. The two vehicles ultimately crashed and police were called to the scene. Pressel was first to arrive and identified and detained Lewis. Soon after Pressel identified a firearm in the truck, but Lewis denied he had a firearm and thinks it was planted by the people in other vehicle. The court session today between Lewis and WA State, was questing the legality of Pressel taking the Firearm from the vehicle without warrant and if the firearm is tampered evidence.
In Ricci v. DeStefano there were a group of firefighters who took a written exam for promotion in the New Haven, CT fire department. When the results were tallied, more white firefighters passed or did better on the exam than black firefighters, which would have led to a disproportionate number of white candidates getting promoted. As a result of this, the City of New Haven, CT Fire Department, threw the exam out and no one was promoted. This went to the Supreme Court and they found that by discarding the exams, the City of New Haven violated Title VII of the Civil Rights Act of 1964 (website).
Today I was able to have a quick interview with the honorable Mrs.Salvarez. I asked her a few questions about what she does in the government and if she could clarify some things.
The case seems to be strait forward with the fact that State is at fault for the
(i) Purposive: The Federal statute states that a firearm under the possession of a convicted felon is not allowed to be transported by motor vehicle on Federal land. Here, this case can be found to be analogous to that of FAA v Musk. In that case the court found that a private spacecraft owner can be liable for not obtaining FAA approval for the flight-path above US territory. Although it was discovered that the flights only applied in US airspace, it was still mandated that an owner of the private spacecraft could be sanctioned. In this case, regardless if the defendant was the one intentionally moving the vehicle as to transport the firearm from one place to another, he is still in violation of the statute. For instance, one does not simply have to explicitly violate the terms of the statute in order for it to be valid and applied to varying situations.
Pluto’s situation is a unique and uncertain one. His brakes malfunction, and immediately afterward he suffers a fainting spell. As a result one man is killed and five children are injured, despite his attempt to avoid casualties. The question is, should Pluto be considered guilty of dangerous driving causing death and dangerous driving causing bodily harm? This question is a loaded one; the determination of whether an act constitutes a criminal offence is difficult. There are many components to consider, specifically the actus reus and the mens rea of both the mechanical and physical failures involved. While the mechanical failure of the car breaks does not constitute a criminal offence, the knowledge of prior fainting spells does. Therefore, Pluto could be considered guilty of
The present case presents this Court with the opportunity to authoritatively end the debate over a state’s ability to offensively use its Eleventh Amendment immunity to dodge otherwise meritorious lawsuits and to provide crucial protection for private litigants in the judicial system. See, e.g., Katherine C. Penberthy, Meyers ex rel. Benzing v. Texas: The Fifth Circuit Adopts a Middle-Ground Approach to the Waiver-by-Removal Rule of State Sovereign Immunity, 80 Tul. L. Rev. 2019, 2023–25 (2006) (noting the split between circuit courts regarding whether a state’s Eleventh Amendment immunity may be used following removal of a case).
Paige could bring a state court lawsuit based on the torts of IIED and invasion of
On June 29, 2009, the last day of the United States Supreme Court’s 2008–09 term, the Court rendered the much anticipated decision in Ricci v. DeStefano, 129 S. Ct. 2658, 174 L. Ed. 2d 490 (2009). Ricci was quickly dubbed the “white firefighter’s case” by many, however, the case involved much more than the firefighters’ asserted right to a promotion.
The state court would rule in favor of Spock involving exclusive jurisdiction. But with concurrent jurisdiction It is hard to say how many courts would pass a verdict siding with Spock or Kirk. I decided that since when one court hears Spock case that It will be decided that Kirk violated most of the tenets when breaching the contract. This fact would allow Kirk to lose the case. But in the case of many courts hearing the case many problems can arise. These problems are what court hears the case first or what court has a better success
This article is dedicated to one of the controversial issues in science of criminal procedural law and practice - the problem of the concept of the accused in the Russian criminal trial. In legal literature the opinion that calls into question existence of a defendant figure from a position of a presumption of innocence is expressed. The author's position is that there is currently no reason to eliminate the figure of the
Nicholas was a client at St. Paul’s Family Center, whom I served as a social worker a year ago before he passed away. Nicholas was experiencing a number of problems on his job that contributed negatively to his life as well as that of his family. Nicholas died 8 months ago as a result of a confrontation at a local bar. As days progressed, I learnt that Nicholas was the innocent victim. A reporter for a local newspaper by the name Roberta Frei is interested in writing an article on local domestic violence, and therefore approached me yesterday to ask for information concerning Nicholas because she heard he had been abusive to his wife and children.