State of Confusion by Tanya Trucker

Issues: In what courts may Elle sue FDC? (What courts would have jurisdiction over this lawsuit)?

The writ of certiorari is an order to a lower court to deliver the records of a particular case to be reviewed for legal errors. The support of four justices is needed for certiorari and few cases ever satisfy this requirement. The Supreme Court’s decision to accept a case is a very lengthy and complex process. A brief is used to explain why the Courts should rule in favor of their client. This brief contains facts about the case and presents evidence to the Supreme Court to affirm the lower court’s verdict. The next stage involved in a case is an oral argument, in which each attorney presents their positions and answers the justice questions. It is very important to the outcome of a case and allows the justices to better understand the heart of the case. Following the oral argument, the courts discuss the case through conferences. In the book, it says “the Court discusses the cases on Wednesday or Fridays” (263). After a decision has been reached, the majority is assigned to a write opinion. The assignment of the opinion can really make a huge impact on the interpretation of a

This case was brought up by writ of error, from the Circuit Court of the US for the district of Missouri.

Richards v. Richards, 181 Wis. 2d 1017, 513 N.W.2d 122. For example, in Richard, the court found the document signed by the plaintiff served two purposes: (1) authorizing her to ride in a Company truck, and (2) releasing Company from liability. Id. Moreover, the court ruled that a reasonable person would not take a document titled “Passenger Authorization” to release the defendant from liability. Id. In Richards, the plaintiff signed the waiver required to ride along with her husband in his truck. Id. at 1010, 513 N.W.2d 119. While riding in the truck with her husband, the truck overturned and the plaintiff was pinned inside the vehicle, causing injuries. Id. at 1014, 513 N.W.2d 121. The court concluded that the waiver did not go far enough as to describe the nature or significance of what injury the plaintiff might sustain because the passenger release and authorization to ride were combined into one document and served two purposes. Id. at 1018, N.W.2d

This Note will focus on how cases involving vanity license plates will be decided in light of the Supreme Court decision in Walker v. Tex. Div., Sons of Confederate Veterans, Inc.

the case was heard by a Federal court because there was a clear and legitimate question on

Jurisdiction refers to a courts power over property within its geographical boundaries. The court cannot use jurisdiction unless the defendant has minimum contacts within the state where the court is located. Minimum contacts is legal term for a defendant from one state that can be taken to court in another state for a civil case due to the defendant's unlawful actions, which was committed in the state where the court exist. Minimum contact requirements are associated with the Fourteenth Amendment right of due process. Most case are resolved on a case by case basis after a consideration of all the facts. A decision on jurisdiction may depend on one or more different factors not present on other cases.

The district court had jurisdiction of this action under 28 U.S.C. § 1331 because this issue involves a federal question. The district court granted Defendant’s motion for summary judgment on March, 2018. Petitioner’s filed their notice of appeal within the 30-day limit allowed by Federal Rule of Appellate Procedure 4(a)(1)(B). This court has jurisdiction under 28 U.S.C. § 1291, which provides for review of all final decisions of district courts.

When determining where a case can be brought there is a process it must go through. The court system has the power in deciding what case can be heard this is known as subject-matter jurisdiction. Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction (Kubasek 44). Exclusive federal jurisdiction applies to federal courts dealing with a small amount of federal claims such as bankruptcy and federal criminal prosecutions. The state court system has a broad range of jurisdiction; state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. Concurrent jurisdiction on the other hand exists whenever there is a federal question or diversity of citizenship.

The Unites States District Court for the Eastern District of Virginia, on cross motions for

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.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

When we discuss the process between the State and Federal courts there are not too many differences in regards to policies and procedures. State courts are organized at the state level and federal courts were established by the Constitution so that they could decide cases involving the Constitution and laws that were passed by Congress. The only real difference between federal and state courts are defined by jurisdiction. Jurisdiction is the determining factor in deciding which court can actually can hear the case. State courts have a tremendous range in jurisdiction, because so many of the cases involving individual citizens are most likely to be violations of broken contracts, robberies, traffic and family disputes are handled in state

The federal court system would have particular jurisdiction in this case. Yes, It is possible for this case to have concurrent jurisdiction with state courts.

attorney and in certain areas within the states. The Federal Jurisdiction is similar to Jurisdiction