Unit 1 Assignment - completed
docx
keyboard_arrow_up
School
Post University *
*We aren’t endorsed by this school
Course
203.91
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by SuperDiscoveryMoose47
1
Unit 1 Assignment: Three Questions
Angela Campbell
Paralegal Certification, Post University
LAW203 – Civil Litigation
Professor Santovasi
October 29, 2023
2
Jurisdiction
Jurisdiction is defined in our textbook as the power that a court has to hear a particular
case. It gives a court the power to hear the type of case and that a court has the power to
render a decision against a particular defendant or over the property. [1] In other words,
jurisdiction refers to the authority of a court to hear and determine cases. Examples of
jurisdiction include:
Criminal jurisdiction: the power to deal with criminal offenses.
Appellate jurisdiction: the power to correct the errors of another or lower court.
Concurrent jurisdiction: the power of two courts to share the authority to hear cases of
the same type in the same place.
Territorial jurisdiction: the power to hear cases based on the location where the legal
issue occurred. [2]
Unit 1 Reading Material Summary
While looking at the PDF booklet of
Connecticut’s Courts
, I gathered a lot of
information.
The booklet provided the history of Connecticut’s court system dating back to
1636.
It also separated the courts into state and federal powers.
It breaks down the division
of courts. The booklet also gives examples of the different cases that can be seen as civil or
criminal divisions of the court.
It also breaks down the steps of a jury trial, including jury
selection, trial, deliberation, and verdict.
[3]
After reading the article about domestic violence involving Native American women
and their non-Native partners, I learned there wasn’t a lot that could be done until Section 904
of the 2013 reauthorization of the Violence Against Women Act. It gave authorization for
special domestic violence jurisdiction to tribal authorities against Indians on the Indian land.
Section 904 gives tribal authorities "special domestic violence jurisdiction" over non-Indians
accused of intimate partner violence or violating a protective order. Though many Indians
3
believe it is a step in the right direction for justice, the provision excludes additional crimes
like sexual abuse or child abuse associated with domestic violence cases.
Tribal authorities
can address these issues by referring cases to other agencies, offering social services, or
removing children from abusive living conditions. [4]
Joe misses his mom who lives out of state in Maine. While visiting her, he falls on
property owned by his mother’s neighbour. Yes, another slippery driveway. Joe
sustained minor injuries. His attorney expects a fair settlement to be in the $10,000.00
range. Specify which state and/or federal court the plaintiff can file a lawsuit.
Because Joe travelled out of state to visit his mother, jurisdiction of his accident
would fall on the state of which the defendant’s property resides, which would be Maine.
Because there are two different states of residency, federal court sounds like the logical
option. However, there are certain criteria a civil case must meet before having federal
jurisdiction based on diversity of citizenship. Though the plaintiff and defendant reside in
separate states, the estimated cost of settlement is less than $75,000.
Normally federal
jurisdiction based on diversity of citizenship involves multistate residency and claims greater
than or equal to $75,000.
[5] Therefore, the case would be filed with the Maine State Court
for a personal injury case.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
4
References
[1] Kerley, P., Hames, J. B., & J.D., P. S. (2019). Civil Litigation (8th ed.). p. 27.
Cengage Learning US.
https://ambassadored.vitalsource.com/books/9781337900713
[2] Cornell Law School,
Jurisdiction
, LII / Legal Information Institute (2017),
https://www.law.cornell.edu/wex/jurisdiction
.
[3] State of Connecticut Judicial Branch,
Connecticut’s Courts
, (2017),
https://www.jud.ct.gov/Publications/es201.pdf
.
[4] Laird & Lorelei,
Indian tribes are retaking jurisdiction over domestic violence on
their own land.
, Oclc.org (2023),
https://eds-s-ebscohost-
com.postu.idm.oclc.org/eds/detail/detail?vid=0&sid=e5012a19-50ae-4e79-8908-
cc7fd9f4851c
%40redis&bdata=JkF1dGhUeXBlPWNvb2tpZSxjcGlkJmN1c3RpZD1uczAxNzMzNiZzaXR
lPWVkcy1saXZl#AN=101870715&db=aph
(last visited Oct 26, 2023).
[5] Kerley, P., Hames, J. B., & J.D., P. S. (2019). Civil Litigation (8th ed.). p. 35.
Cengage Learning US.
https://ambassadored.vitalsource.com/books/9781337900713