Lstd 207 Final Exam Answers

Question: Did the district court appropriately grant summary judgment for the employer by the in regards to the four actions brought against Indiana University by the plaintiff Gawley? Did Indiana University violate Title VII of the Civil Rights Act of

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

A case challenging a statute as violating a person's rights under the U. S. Constitution.

6.What is the level of court, the case is being heard in? 2 marks (1 mark each article)

A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two

related to the second case, being the second case was fought to reverse the outcome of the first

Donald Margolin is defendant and Novelty Now Inc is the plaintiff. In this specific court case, New York doesn’t have the jurisdiction to take the case because the three men (Chris, Matt, and Ian) which are contracted through Novelty Now Inc. states that the suit before them has to be settled in Florida. Although this would only stand if the defendant has never had any business with anyone in the state of Florida per personal jurisdiction. Personal jurisdiction is the power of a court to hear and determine a lawsuit involving a defendant’s having some contact with the place where the court is located (Per, 2008).

Further defining what is required for a complaint to be sufficient, Sutton establishes that, “detailed fact-pleading is no longer required. A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it.” Id. at 104. The court provided the rational for only requiring such notice by indicating how the “opportunity for discovery and the other pretrial procedures established by the Rules to disclose more precisely the basis of both claim and defense and to define more narrowly the disputed facts and issues.” Id. at 102.

In the case of Greene’s Jewelry located in Derry, New Hampshire. v. Jennifer Lawson (Known as The Defendant).

action involving a party to the first case. (Migra v. Warren City School Dist. Bd. of Ed. (1984) 465 U.S. 75, 77, n. 1 [104 S.Ct. 892, 79 L.Ed.2d 56]).

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.

Plaintiffs move this Court pursuant Fed. R. Civ. P. 56(c) for summary judgment in favor of Plaintiffs, on the grounds that there is no triable issue as to any material fact and Plaintiff is entitled to judgment as a matter of law.

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.