Monday, January 7, 2019
Energy-Auto Inc. Essay
Read the Hypothetical baptistry Problem 1 at the annihilate of Chapter 1 and respond to these questions1. If Javier fulfilld Energy-Auto Inc., identify who would be the plaintiff and the defendant. 2. In which claim or earths move the gibe be brought?3. expect that Javier incurred $100,000 in damages.a) Analyze whether the suit can be brought in national law solicitb) Explain the advantages and disadvantages of federal versus state court of justice for this type of suit. Case 1. Javier is traveling from his abode in New York to Dallas, Texas. While capricious through okay, his brakes fail and he is injured in the ensuing crash. Javier wants to sue the maker of his gondola car, Energy-Auto Inc. Energys furnish is in New York. It does not pass any dealerships in Oklahoma or do any advertising in Oklahoma. In this lineament Javier was driving his car from New York to Dallas, Texas when his brakes failed in Oklahoma where he injured himself. Javier would be the plaintif f because he is the one suing, and Energy- Auto alliance would be the defendant in this topic because this company is the one being sued. The suit would then have to be brought in the state of New York considering that this company does not have dealerships in Oklahoma nor does it do any advertising. This would give personal legal power to New York and not Oklahoma. Had this Auto ships company advertised or had any dealerships in Oklahoma then this baptistry could be brought to the courts of Oklahoma for jurisdiction. New York courts can worsen to hear this causal agent and with Javier being a resident of Dallas could possibly have his case hear there considering the fact that Javier has incurred $100,000 in damages he could possibly be immobile from an accident like that. This case can also be brought to federal court for the simple fact that both(prenominal)(prenominal) the plaintiff and defendant are both out of state parties, and would be heard at federal court chthoni an diversity jurisdiction. The advantage of federal versus state court would be a taste wouldnt lose its job for do the wrong ruling in this case which is why its sent to federal court and rulings are heard from a adjudicate that has been appointed forever or until he/she is impeached or reaches retirement. This allows in my opinion, room for clean-living equal treatment. Disadvantage would be state vs. federal court is the state wouldnt have subject matter jurisdiction in this case and wouldnt live on how to handle it.