Legal System Identification, Comparison, And Analysis Memorandum

1705 words - 7 pages

This paper leads the reader through a situation that must be resolved by the court system. This dispute deals with a real-estate issue and its owners. This paper details the issues with the city and subdivision these owners live in. The interesting twist is one owner is a citizen of Switzerland. Jurisdictions of the US court systems determine how this case will be heard. A verdict is decided by the court and then the lawyers can begin the appeal process. The important facts are reviewed for accuracy. If necessary, the appeal process may precede all the way to the Supreme Court. Jurisdictions are often complicated. Lawsuits may be filed in Civil, Municipal, and State Courts. Unfortunately, this case is tried in Civil and Criminal Courts for actions of property damage under criminal trespassing. An ADR may settle disputes among the involved parties as well.Our client Mr. Jones' project of residential subdivisions within the city is in danger of being closed down. Recently the city has discovered an easement for a city utility line that did not belong to Mr. Jones. The owner of the property is threatening to close down and file a suit against Mr. Jones vs. a municipality. A citizen of Switzerland for trespassing on to his property is also threatening him. The team would like to discuss the legal situation of Mr. Jones and would immediately like to present him with his legal options.Courts to Review and Resolve SituationThe city and the subdivision reside in the same state, and the adjacent landowner resides within the subdivision. However, the adjacent landowner is a citizen of Switzerland. Because the adjacent landowner is a citizen of Switzerland, a federal court could hear the case; however, the case does not fall into the exclusive jurisdiction of a federal court and can be heard in a state court (Directory M, 2008). Because the subdivision resides within the city, and the adjacent landowner resides within the subdivision, the first court that will review the lawsuit will be the state trial court of general jurisdiction or the general-jurisdiction trial court. The general-jurisdiction trial court can be separated into civil or criminal courts. Once the court makes a verdict on the lawsuit, the losing party may appeal the decision. The appeal would be heard by a state intermediate appellate court or state court of appeals.The appeals court will allow the lawyers from each side to present their case to the court, but no new evidence or witnesses are allowed. The court of appeals will review the transcripts from the initial trial to determine if any errors occurred that could have reversed the general-jurisdiction court's decision. The appeals court's decision can be appealed to the state supreme court. The state Supreme Court is similar to the appeals court in that no new evidence or witnesses are allowed, transcripts are reviewed, and lawyers provide an argument of why they have appealed against the lower courts' decisions. The state supreme...

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