Legal System Identification, Comparison And Analysis Memorandum

1938 words - 8 pages

University of PhoenixBusiness Law BUS/415March 23, 200mMemorandumTo:Law Firm SupervisorCc: Al JonesFrom:Legal TeamDate:3/22/2009IntroMr. Al Jones, a land developer has constructed some of the largest residential subdivisions in and around the City. While in progress of his newest and largest housing subdivision, Mr. Jones' company connected a pipeline to a privately owned underground water supply. Mr. Al Jones in error failed to seek the required permits from the City or required authorizations from the existing land owner needed to assemble the underground pipeline. Mr. Al Jones has been faced with the threat of a lawsuit from the neighboring owner as well as the City. When a dispute is unable to be resolved between two or more parties, the threat of legal action can occur. When the threat of legal action is presented against an employee or their organization, the best way to protect their rights is by hiring an experienced attorney. This report will attempt to identify the court system that has jurisdiction if a lawsuit should occur. This paper will also attempt to educate and inform Mr. Al Jones on the stages and proposed resolution.Description of the state court that can review and resolve the situationWhen the defendant is a corporation, partnership, or sole proprietor, the defender is subject to personal jurisdiction in the courts of the state in which the corporation is incorporated. If the organization has sufficient contacts in other states, courts in those states may hold that the out-of-state corporation has consented to personal jurisdiction through its contacts with the state. A person whom has a civil claim may file suit in a court that is located in his or her home state. If the defendant lives in the same state, the court will have no trouble gaining personal jurisdiction. The plaintiff must simply serve the defendant with a summons and a copy of the complaint that was filed with the court. Once this is accomplished, the court has personal jurisdiction over both the plaintiff and the defendant. The actions of Al Jones occurred within the City. The legal team filing the lawsuit may have to make a tactical decision as to which jurisdiction is more favorable or useful to the cause, including time to get to trial, the potential pool of jurors or other considerations. It can be expect that any pending lawsuits would be filed with the state often defined as civil court.The courts that may have jurisdiction over the situationThe United States judicial system is a combination of two court systems: The federal court system and the state court system, both work hand and hand to accomplish one common goal which is providing justice to the United States citizen by resolving legal issues. After deeply analyzing the case of Mr. Jones, the legal team has concluded that the case belongs in the state court. The specializations of state court include criminal offenses like murder, theft, breaking and entering, and destruction of property....

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