Case Problem Analysis: Jurisdiction

Miriam Claude, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages.

QUESTION:

A.)

Before any court can hear any dispute between Miriam and the trucking company, it must have ________ (select answer: jurisdiction, stare decisis, a federal question, corporate contacts) over the person or company against whom the suit is brought against or over the property involved in that lawsuit. In order for Miriam to sue the trucking firm, she has to file the lawsuit in a court that has in personam jurisdiction over the _________ (select answer: plaintiff, defendant). The firm's headquarters are in Georgia, although the company does business in Florida, so ________ (select answer: only Georgia has, only Florida has, Georgia and Florida have) in personam jurisdiction over the trucking firm. Miriam ________ (select answer: can, cannot) sue the trucking firm in both Georgia and Florida state courts.

B.)

Miriam would likely NOT want to sue the trucking firm in Georgia because she would need to:

- Get a lawyer in ________. (select answer: Georgia, Florida)

- Make multiple trips to ________. (select answer: Georgia, Florida)

- Have _______ (select answer: a judge and jury from Florida, witnesses) travel to Georgia.

C.)

Miriam would likely want to sue the trucking firm in Florida because:

- It is _______. (select answer: less convenient for the trucking firm, more likely to result in a favorable outcome for her, closer to her home)

- She can better research ________. (select answer: local lawyers, her legal rights)

D.)

Miriam ______ (select answer: can, cannot) sue the trucking firm in a federal trial court because ________ (select answer: she and the company are residents of different states, the accident happened in the United States, the trucking firm is a federal government business) and _________ (select answer: the amount in controversy is over $75,000, the trucking firm is a federal government business, the accident happened in the United States).

E.)

Miriam ______ (select answer: could, could not) still sue in Florida because the trucking company has ________ (select answer: maximum, minimum) contacts in Florida since it caused the accident in _______ (select answer: Florida, Georgia). If the truck did not cause the accident and was just passing through, Miriam _________ (select answer: could, could not) sue in Florida since there were no _______ (select answer: maximum, minimum) contacts. _________ (select answer: short-arm statutes, long-arm statutes) allows one state to reach into another state and bring a defendant into the first state's courts.

BONUS QUESTION:

What are the three steps of a civil trial? Choose 3 answers

- jury selection

- opening arguments

- presentation of testimony and evidence

- closing arguments