Applying the Law to a Set of Facts
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Kenyatta University *
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Nov 24, 2024
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Week 1: Discussion forum:
Applying the Law to a Set of Facts
Hello everyone and welcome to this week’s discussions. Here is my contribution. In the
hypothetical case presented in Case 1 of Chapter 1, we are faced with a scenario where Javier
is contemplating a lawsuit against Electric Inc. In this case, Javier would serve as the
plaintiff, as he is the individual contemplating the legal action. Electric Inc. is the defendant,
as it is the entity that Javier intends to sue.
In my opinion, the lawsuit can be filed in either Texas or Arizona. Electric Inc. has its
headquarters in Arizona, making it a viable jurisdiction for Javier's case due to its status as
Electric Inc.'s state of incorporation and primary business location, demonstrating general
personal jurisdiction. Additionally, Electric Inc. has a dealership in Dallas, Texas, where
Javier was traveling. Suing in Texas is feasible because Electric Inc. maintains a physical
presence there through its dealership, simplifying the establishment of personal jurisdiction.
As noted by Rogers and Seaquist (2023), personal jurisdiction is established when the court
has a form of contact with the defendant, such as physical presence, contractual agreements,
residency, or corporate operations within the state.
Moreover, Federal courts have jurisdiction over cases involving federal law, diversity
jurisdiction, or other specific circumstances. Also in terms of federal court consideration, the
analysis is accurate. With diversity jurisdiction and damages surpassing the federal
jurisdictional threshold of $75,000, Javier has the option to initiate the complaint in a federal
district court. This rationale aligns with the legal prerequisites for establishing federal
diversity juFederal courts generally offer more resources and experienced judges, resulting in
consistent application of federal law. Additionally, they are typically viewed as impartial
forums. However, federal court procedures can be more complex and time-consuming,
leading to higher legal fees and potentially more significant travel expenses. The strict
procedural rules and limited discretion of judges are also factors to consider. On the other
hand, state courts are often more accessible and familiar to individuals. They generally offer
streamlined procedures, reducing legal costs and time. Local judges in state courts may have
a better understanding of local issues. However, state laws can vary significantly, potentially
leading to different outcomes in different jurisdictions. Additionally, some state courts may
have limited resources.
References
Rogers, S., & Seaquist, G. (2023). Essentials of Business Law (2nd ed.). The University of
Arizona Global Campus.
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