While on vacation in Colorado, Amy Bums negligently struck Malcolm Morris with her ski, causing Malcolm to lose his sight in one eye. Amy is a resident of (or domiciled in) the State of Minnesota, and Malcolm lives in Colorado. Can this case be heard in Federal district court? Why or why not? If not or if so, what state?
2006-10-09 15:12:32 · 9 answers · asked by Jerome S 2 in Politics & Government ➔ Law & Ethics
A Federal court has jurisdiction only on the basis of the Government (or one of its employees) being sued under the Federal Tort Claims Act or on the basis of "diversity" (two parties domiciled in different states).
In the latter case, there is a minimum amount you have to sue for, and state law applies -- under the conflict of laws rules of the state where the trial is held.
2006-10-09 15:19:46 · answer #1 · answered by Anonymous · 3⤊ 0⤋
This can be tried in federal court as a diversity case if the amount in question exceeds $75,000. Since the Colorado resident is suing though, he would opt to sue in Colorado state court. Amy would then motion to remove the case to federal court and then motion for change of venue to Minnesota.
2006-10-09 22:16:04 · answer #2 · answered by Brand X 6 · 0⤊ 0⤋
There is no standing in Federal Count, the residence of each person has no bearing on the case at all.
This is a civil case, and not in violation of any federal law or federal civil standing ( as your information has given us)
First a court has to have jurisdiction and the case has to have a standing to be heard. ( and the parties have to have a standing in the case)
So unless this occured on a federal park, or on a indian reservation or inside a federal buidling, I don't see where the federal court will have any standing
2006-10-10 00:11:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
it goes to district court due to jurisdiction because the parties reside in 2 different states. HOWEVER it can also be filed in the state of Minn. court of common pleas (but has $ limits) because that is where the defendant lives.
it is up to the plaintiff (and plaint. atty) to decide where to file. But it CANNOT be filed in Colorado because the Colorado court has no jurisdiction over nonresidents.
hope that helps.
2006-10-09 22:28:14 · answer #4 · answered by rwl_is_taken 5 · 0⤊ 0⤋
Yes. Because of the Federal Diversity Question.
2006-10-09 23:45:22 · answer #5 · answered by attirant_belier 1 · 0⤊ 0⤋
Get a lawyer and have his/her firm mail the other party a letter stating the case. then file in civil court. if the other party don't show you win the state pays you and then pursues the defendant.
2006-10-09 22:19:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This case would have to be heard in the state where the incident occurred.
2006-10-09 22:14:58 · answer #7 · answered by Privratnik 5 · 1⤊ 1⤋
The only one(s) to benefit from this sort of lawsuit would be the lawyer(s). Go ahead and give them a bunch of money, it will do you no good.
2006-10-09 22:21:47 · answer #8 · answered by wildraft1 6 · 0⤊ 0⤋
no, it would happen in the state the offense occured in.
2006-10-09 22:15:04 · answer #9 · answered by Southie9 5 · 0⤊ 1⤋