Reference no: EM133622187

Homework: File a Claim in Federal Court

For this homework, you are asked to review the structure of The United States Court system. After reviewing both the state and federal courts, answer the eleven (11) questions. In the second part of the homework, locate the federal courts "complaint" section and download the Pro Se civil complaint form for Diversity of Citizenship. Complete the form using the "Abe Chevy" case data.

What Will You Learn in this Homework?

In this two-part homework, you will learn:

A. The differences between the United States federal and state court systems, their power to hear cases, and the different levels and authority of the courts.

B. The court's requirements for a party filing a motion based on a civil law claim, the procedures, and the statutory requirements for the motion to change jurisdiction based on Diversity of Citizenship.

C. The distinction between filing a complaint that contains requirements to file two distinct "claims," one a federal question and two a Diversity of Citizenship claim.

The United States Courts website contains information about the federal and state judiciary systems. Review the section, Comparing Federal Courts and State Courts (United States Courts). The court system was also explained in the reading from this week: 2.1 - Readings and Resources.

Part I

Complete the following ten questions with a minimum of five (5) sentences fully detailing each response. Identify each question you are answering. Answers should incorporate the federal court site information and the questions being asked. Complete sentences are required. (Example of incorporating the question into a sentence, #1: The 'XCV' Court system was established under the United States Constitution under section XWA of the Constitution, which states "fhfhsncbeu".)

Answer the following questions based on the court comparison chart information:

A. The United States Constitution established which court systems?

B. Has Congress used the Constitutional power to create courts? If so, how have they used this power?

C. Which court system handles disputes with Last Wills and Testaments?

D. Where can people go if they are not satisfied with the final decision in a state trial?

E. Are Intermediate courts under federal control? If not, by what authority do the intermediate courts obtain their power?

F. Where can people go if they are not satisfied with a federal trial court proceeding decision?

G. What system of government does the United States have that causes it to have two court systems?

H. Which court system conducts most of the criminal trials?

I. When might a case move from the state court system to the federal system?

J. Can a member of the House of Representatives nominate and confirm a federal judge?

K. Can a USN Admiral onboard her ship decide the outcome of a private boating accident that occurred on the high-seas? Or, is there a specific court the parties must file their claim? What is the name of that court?

Part II

Go to the Complaint for a Civil Case (US Courts) and perform the following:

A. Read the information contained on the website.

B. Download the Pro Se civil complaint form for Diversity of Citizenship. Note: You can download the form in DOCX format by selecting the download link at the top of the page.

C. Complete the form (Pro Se 1 form) using the information provided in the Abe Chevy Case Data.

Use all available information, do not leave blank spaces; if a question in the complainant does not apply to your claim, place "NA" in the blank space. Make sure your research covers potential issues presented in the complaint form. (i.e., "jury," "Damages," what are they, what types are available, is there a threshold amount?) Entries should contain full detailed explanations to assist in establishing the merits (what are the issues?) of your complainant. Incomplete, vague, or lack of detail will result in the court rejecting your complaint and requiring the document to be corrected and refiled. While you are not filing with the court, your incomplete submission for grading will have the same result; they will not be graded.

Abe Chevy Case Data

Abe Chevy, a resident of South Florida, drove onto I-95, heading north to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, "Macon 25 miles," and realized he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, "Maybe I am getting a little tired." Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen-wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The truck driver worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen. He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe's injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at 0 Landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the Georgia District Court. Abe's attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim or insurance demand:

A. Accident reports
B. Witness statements
C. On-scene photographs
D. Medical evidence
E. Insurance policy information
F. Treatment records
G. Billing statements
H. Lost wages summaries.