In this exercise, you will review the federal government court system, download a federal Complaint form, and fill it out based on the “Abe” Case Study 1 facts.
This assignment consists of two activities.
- The first activity is to discover the differences between court systems. For that activity, follow the directions in the Discover section and answer the questions. Submit your answers in a document.
- The second activity in this assignment is completing the form required by the federal court to file a claim in federal court. Follow the directions in the File a Claim section, and upload the completed document to your assignments page. Use all information you have available and do not leave any blanks on the form. Make sure your research includes potential issues presented in the requested information on the court form (i.e., “Damages” what are they what types are available, is there a threshold amount?”
Courts are divided into federal courts and state courts. The United States Courts’ website (Links to an external site.) https://www.uscourts.gov/ contains information about the federal judiciary. Follow the link and look specifically at the section comparing federal courts and state courts. (Links to an external site.) https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts. As you read the comparison chart, answer the following:
- Which court system was specifically established in the United States Constitution?
- Where can people go if they are not satisfied with the decision in a state trial?
- Where can people go if they are not satisfied with the decision in a federal trial?
- What system of government does the United States have that causes it to have two court systems?
- Which system conducts most of the criminal trials?
- When might a case move from the state court system to the federal court system?
Answer the questions and, submit them as a document.
Go to the Complaint for a Civil Case (Links to an external site.) (https://www.uscourts.gov/forms/pro-se-forms/complaint-civil-case) section of the United States Courts’ website, (Links to an external site.) and do the following:
- Note at the top of the page it gives you the ability to Download Form in either a .PDF or .DOCX format. Select the .DOCX link and download it.
- Complete the form using the information and the directions provided in the Case Data Document Section.
- Once completed, save the Complaint for a Civil Case form.
- Upload the completed form.
The purpose of this activity is to allow you to see the legal terminology in use. It is also an introduction to legal documents and how they are structured.
Abe Chevy, a resident of South Florida, drove onto I-95, heading north to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, “Macon 25 miles” and realize he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, “maybe I am getting a little tired.” Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The driver of the truck worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen. He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe’s injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the District Court in Georgia. Abe’s attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim, or insurance demand:
· Accident reports
· Witness statements
· On-scene photographs
· Medical Evidence
· Insurance Policy Information
· Treatment Records
· Billing Statements
· Lost Wages Summaries
Dowe Cheathim calls his junior partner, Ann Howmuch, to his office. Dowe asks her to analyze the following issues in the case:
- Does this accident belong in court? If so, why?
- Does it belong in a nonjudicial forum? If so, which one? If not, why not?
- From a jurisdictional perspective, what court is best suited to hear the case?
- The Florida District or Georiga District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it can not?
- How does the court obtain the power to hear a case?
- What are the standards for review?
Using the IRAC Format answer the previous issues and upload your completed form.
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