Reference no: EM132213947

Question: 1. Marilyn is arrested for arson against a nuclear facility, a crime under both state law and federal law. She is convicted in state court and sentenced to five years in jail. Then the federal government decides to prosecute her for arson against a US facility under federal law. Explain if the federal government can take this action against Marilyn.

2. The signals on a railroad crossing are defective. Although the railroad company was notified of the problem a month earlier, the company has not yet corrected the problem. Seeing the signals indicate all clear, a car attempts to cross the tracks but stalls mid way on the tracks and cannot restart as a train rounds the bend. For the past two weeks the car has been stalling, and the owner keeps putting off taking the car to a mechanic to have it repaired. As the train rounds the bend, the train engineer is distracted by a conductor and fails to see the car in time to stop the train. The car is destroyed by the train. No one is hurt in the collision. Explain the elements of negligence. Who is negligent in this case and why? Explain the possible defenses, if any, the train company could use if the owner of the car files suit?

3. Anne Johnson was involved in a car accident in Baltimore City on March 4, 2017 with Thomas Murray. Both Johnson and Murray are residents of Maryland. Anne's damages, personal and property, total $85,000. Anne wants to file suit in federal court against Thomas hoping she will stand a better chance of resolving the matter quicker than a protracted state court case. Does the United States District Court for the District of Maryland have jurisdiction in this matter? Explain the type of jurisdiction that must exist for a case to proceed in federal court.