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Internal Memo For Client Essay

1801 words - 7 pages

University of PhoenixBusiness LawIn this Memo we will identify and analyze our client's legal situation and assess the situation and describe how the law firm can help. First, we need to answer the question what is an easement. An easement "is a given or required right to use another person's land without owning or leasing it. Easements may be either express or implied. Express easements must be in writing to be enforceable, whereas implied easements need not be written. (Cheeseman Pg.227)". The easement is for a city utility line on the property. So this means a property owner of a piece of property around the property in question has the right to run a city utility line on the property.The court that can review and resolve the situationIn this case, the case will be reviewed and resolved in federal court because the federal court has jurisdiction in this case. The United States district court would the federal court that would hear and resolved this case. "The United States district courts are the federal court system's trial courts of general jurisdiction. There is at least one federal district court in each state and the District of Columbia, although heavily populated states have more than one district court (Cheeseman Pg. 20)".The court that may have jurisdiction over the situationThe United States district court would be the court that has jurisdiction over this situation. The United States district courts are the trial courts of the federal court system. The district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.The jurisdiction that we believe applies in this case because, "Type of Jurisdiction Description1.Federal question Cases arising under the U.S. Constitution, treaties, and federal statutes and regulations. There is no dollar-amount limit in federal question cases.2.Diversity of citizenship Cases between (i) citizens of different states, (ii) a citizen of a state and a citizen or subject of a foreign country, and (iii) a citizen of a state and a foreign country where a foreign country is the plaintiff. Federal courts must apply the appropriate state law in such cases. The controversy must exceed $75,000 for the federal court to hear the case. (Cheeseman Pg. 24)"Therefore, in this case which involves both civil and criminal charges The United States district court would be able to hear and resolve both issues. The civil cases involve the lawsuit brought by the City against Mr. Jones for fraud against a municipality. In addition, the adjacent property owner the citizen of Switzerland is sewing for damages to his property. The criminal charges in this case involve the charges fraud and trespassing. All of these issues in this situation can be resolved in The United States district court.Process Civil Court and Criminal CourtSteps need to be taken by the plaintiffs when a lawsuit is filed. In a civil court procedure papers must be file correctly by lawyers. Process...

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