Legal System Identification, Comparison, and Analysis Internal Memorandum

2482 Words Nov 10th, 2008 10 Pages
Legal System Identification, Comparison, and Analysis Internal Memorandum

Two potential lawsuits regarding the development of the infrastructure to the subdivision may be present. An infrastructure includes power, utility, cable, gas lines, and sewer pipes. The impending lawsuits imply the construction of the infrastructure will block access to a current utility easement therefore, denying the use of the easement by the city or the adjacent property owner. The city has warned said client of a lawsuit for fraud against a municipality in addition to closing down the new project and business altogether. The adjacent property owner is also threatening to sue for damages to property as well as trespassing.
Alternative Dispute
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Either way, the venue for the trial will be held in a court that is closest to the site that the dispute happened (Cheeseman,2008, p. 27).
Courts with Jurisdiction
Several courts may have jurisdiction in this case, as this is an issue between a local municipality and local resident. The proper forum for the suit is the Jurisdiction Trial Court, General Jurisdiction court of that state, the Appellate Court and Jurisdiction of Federal State Court. The limited jurisdiction trial court will only hear a case for charges of 5,000 dollars or less, if the amount of charges is more, the case will have to be heard at the General Jurisdiction court of that state. (Cheeseman, 2007. Pg.18). In this court the client would have to show evidence and give testimonies to support his case. Given that these courts are appealable, in the event that the case may be appealed, the decisions made can be handed down to the Intermediate appellate court, specifically the court of appeals (Cheeseman, 2007 pg. 18). The court of appeals will review the trial court records to determine whether there have been any errors at the trial that would require modification or reversal of the trials court decisions. Although the appeals court will review both sides of the trial and will usually grant a brief oral hearing to the parties, however, no more evidence or testimony is permitted. In the event that the client does not agree with the Appellate court’s decision or the state does not have an

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