Did you select the proper court for the complaint

Assignment Help Business Law and Ethics

Reference no: EM132424532

You should have a fundamental awareness of the litigation process. Knowledge of a court's processes may be significant because your business needs to assert a legal right, or because your business may be subject to litigation.

"Pleadings" are court documents filed to initiate litigation and the plaintiff's key pleading document is the "complaint."

Discussion
Imagine a scenario in which you - as yourself, a real business, or a fictional business - wish to sue one or more people for a set of circumstances, real or fictitious. I recommend that you keep the task basic, perhaps one cause of action and one defendant. Draft a complaint for the court in which you intend to sue. Your grade will be based upon:

Question (1) The Proper Forum - Did you select the proper court for your complaint? Is the cause of action federal, or is it a state cause of action? Remember the bases of jurisdiction. The forum should be properly stated in the caption. Most courts have a website,
particularly if federal, and all states have a description of their court strata.

Question (2) Statement of the Parties - You must name the parties in the action, the plaintiff and the defendant.

Question (3) Statement of Jurisdiction - You must explicitly state the basis of subject matter jurisdiction for the applicable court. Don't make the judge ask you "So, can I even hear this case?" Although you merely need to state that personal jurisdiction exists in a
conclusory fashion, the "Facts" of your complaint should set forth a plain statement of facts that support the possibility of personal jurisdiction.

Question (4) Statement of Facts - Think about the cause(s) of action on which you are suing. You must set forth facts sufficient to meet all the elements of your cause(s) of action.

Question (5) Causes of Action - List the cause(s) of action and go element by element to tell the court that the elements have been met.

Question (6) Damages - Every complaint should end with an ad damnum section that states the relief that you want.

Question (7) Relief can include: Money for compensation; Equity (Asking the court to do something, e.g. an injunction); Attorneys' fees.

Conclusion

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Reference no: EM132424532

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