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2 pages/β‰ˆ550 words
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Law
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LAW- Jurisdiction and Settlement Offers. Law assignment

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Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules regarding subject matter and personal jurisdiction to those facts to obtain your answer and explain it.
Assume that you live in California and are on vacation, traveling by car from California to Texas. You are injured in a motel room when the bed on which you are sleeping collapses, causing you to fall to the floor. You suffer substantial back and leg injuries, requiring many medical treatments and causing you to miss work for 15 weeks. Your medical bills total $50,000 and your lost wages total $15,000. You intend to sue the owner of the Texas motel.
Can you bring your case in federal court? Why or why not?
Can you commence the case in California? What additional information might you need to answer this question?
At the end of the trial, the jury awards you $100,000 ($50,000 for medical, $15,000 for lost wages and $35,000 for punitive damages). After the trial, the attorney for the hotel approaches and offers to settle the case for $50,000. Should you consider accepting the settlement? Why or why not?

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Law- Jurisdiction and Settlement Offers
For a federal court to listen to a civil case, it needs an outright subject matter jurisdiction. A federal court has jurisdiction over the cases that arise from either a federal question or a case that involves diversity of citizenship. A case is said to raise a federal question if it involves the US Constitution, a Federal Statue or a Treaty. The diversity of citizenship occurs in a scenario where the party to a case comes from different states. Basing on the aspect of diversity jurisdiction, the case at hand can be brought to a federal court for two reasons. First, the plaintiff and the defendant come from different states, that is, California and Texas respectively. Second, diversity jurisdiction is applicable in the federal court if the estimated damages could amount to $75,000 in dispute. For these considerations, the case can be heard in the Federal court.
Since the case involves parties from different states, as the plaintiff, I can commence the case in California but the procedure is somewhat complicated since the defendant comes from another state. With respect to the rule of personal jurisdiction, which determines whether a federal court has the mandate to listen to a case of a particular defendant, it becomes gummier to sue a Texas-based motel in California. The court usually has personal jurisdiction over individuals and businesses residing and operating in that state. For this reason, the best decision is to use the motel in Texas si...
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