Advising a client ?

Question

What factors should be conidered in advising a client in whioch court to bring action when there is concurrent jurisdiction?

Answer 1

[because I am not an attorney, none of the following should be considered legal advice. if you need legal advice, contact an attorney. i am merely a paralegal]

as an advocate, your duty is to your client.

apparently, your client is a plaintiff; venue is therefore proper in either the county in which the offense occurred OR, at the plaintiff's discretion, in the county of the plaintiff's residence.

be aware that certain courts have filing limits regarding the damages alleged in the Complaint:

IIRC, in Mississippi, "County Court" is for resolving matters in which the amount of the damages is alleged to be up to $2500; "Circuit Court" is for resolving matters in which the amount of the damages is alleged to be between $2500 and $75,000.

For matters in which the amount of the damages is alleged to be greater than $75,000, venue is proper in federal court.

There are reasons for not alleging in the Complaint the maximum value of provable damages: a lower court may be served by jurors better able to identify with your client -- and therefore, more inclined to render a verdict favorable to your client.

Filling a frivolous lawsuit is a crime (iirc, it's a felony) having rather severe consequences.

The decider of fact may return a judgment less than, greater than, or equal to either the damages alleged in the Complaint or the nominal limits imposed on the court:

In other words, a competent jury (or judge, if it's a bench trial) may find that you have actual damages of hundreds of thousands (or even millions) of dollars, despite your having filed the action in a Circuit Court (or the analog thereof in your state).

obviously, if the verdict was for the defendant, the trial ends right there. however, if the verdict was for the plaintiff, after the decision of fact, the court decides whether the matter of punitive damages can even be considered.

despite GOP rhetoric, punitives are never automatic and are extraordinarily rare; moreover, most punitive awards are paltry.

also, punitive award limits are set by law -- so you can find yourself in the position of having a suit against the most evil offender possible, and the law won't let the court impose a meaningfully harsh punitive judgment.

See http://groups.yahoo.com/group/the_wireflight_group/files/Important%20Documents/Laws%20Governing%20Trials/%20Mississippi/

and feel free to Email me at ( w i r e f l i g h t @ y a h o o . c o m ) (delete parentheses and spaces) if you need more help.

Answer 2

[see above for a great disclaimer about this not being legal advice]

Assuming true concurrent jurisdiction, so either diversity or federal question, the factors generally involved are what remedies are available, and which set of procedural and evidentiary rules are most beneficial, as well as appellate options. These particular make a difference in state versus federal court.

Also, each court might have different interpretations of certain legal points, which might differ for or against the client. If one court's binding authority comes out in favor of your client, and the other against, then obviously that would be a big factor in the decision.

Generally, cost-wise they tend to equal out, though discovery can often be a bit more expensive under the federal system (from what I've heard) based on the willingness of the judges to allow broader discovery requests. But that's just one example of procedural differences discussed above.

Then there are situational factors. Do you intend to fight a procedural war, or work mainly on resolving issues on the merits. How far from you is each courthouse. How full is the docket, and what is their normal time-to-trial. What is the pool of judges like. And so on.

As with most things, it comes down to what that forum offers in terms of advantages based on what you're trying to accomplish.

Answer 3

I don't know, but do you want to go out?