Order ID:89JHGSJE83839 | Style:APA/MLA/Harvard/Chicago | Pages:5-10 |
Instructions:
Assignment of a Claim in Federal Court
Assignment:
In this exercise, you will learn about the federal court system, download a federal complaint form, and fill it out using the facts from Case Study I “Abe.”
There are two parts to this assignment.
The first step is to learn about the distinctions between the various court systems. Follow the directions in the Discover section and answer the questions for that activity. Fill out a paper with your replies.
The second activity in this assignment is to fill out the federal court’s form for filing a claim in federal court. Follow the steps in the File a Claim section and then upload the finished document to your assignments page. Fill in all of the blanks on the form with the information you have. Make sure your study covers any potential difficulties raised in the court form’s requested information (e.g., “Damages”: what are they, what types are accessible, is there a threshold amount?
Discover:
Federal courts and state courts are the two types of courts. The website of the United States Courts (Links to an external site.) provides information on the federal judiciary. Take a look at the part comparing federal and state courts by clicking on the link. (This is a link to another website.) Answer the following questions as you read the comparison chart:
In the United States Constitution, which judicial system was specifically established?
What options do people have if they are dissatisfied with the outcome of a state trial?
What options do people have if they are dissatisfied with the outcome of a federal trial?
What kind of government does the United States have that leads to the existence of two judicial systems?
Which system is in charge of the majority of criminal trials?
When is a case likely to be transferred from state to federal court?
Fill in the blanks and save your answers as a document. Save your work using a name that contains your first and last name, as well as the activity number (1.8.1). Don’t use any special letters or punctuation.
Make a Complaint:
Go to the United States Courts’ website and look under Complaint for a Civil Case (Links to an other site) (Links to an external site.) and carry out the following actions:
You’ll see at the top of the page that you can Download the Form in either.PDF or.DOCX format. Choose the.DOCX link and save it to your computer.
Use the information and directions in the Case Data Document Section to fill out the form.
Save the Complaint for a Civil Case form using the naming format indicated below once it’s finished.
Fill out the form and submit it.
The goal of this activity is for you to become familiar with legal language. It also serves as a primer on legal documents and how they are organized.
Data in this case:
Abe Chevy, a South Florida native, got on I-95 and headed north to see his mother in Atlanta. Around 7:45 p.m., he crossed over to I75N, headed toward Atlanta, and saw a sign that said “Macon 25 miles” and realized he had been driving for seven hours. For some reason, he began to think about breakfast at that same moment, and he reasoned, “Perhaps I’m getting a little fatigued.” After dismissing the thought, he peered down the road and was relieved to see that there was little traffic. Looking up, he was startled to notice a dazzling bright light in his rearview mirror. A fourteen-wheeler drove into the rear of his Lincoln SUV before he could respond, causing property damage and personal injury. The truck driver was employed by a corporation based in Atlanta, Georgia, at 1010 Trucking Lane. Abe was taken to the hospital in an ambulance after suffering what appeared to be a life-threatening injury. His spleen was removed during a five-hour procedure. He also had a shattered arm and leg, as well as a dislocated C1 C2 vertebra. Abe’s medical bills were more than $350,000, with an additional $80,000 in property damage. Abe returned to his home at Zero Landlock in Boca Raton, Florida, after spending two weeks in the hospital. Abe conferred with his lawyer about what he should do. Abe informed his counsel that he intends to file a complaint in the Florida District Court against the Georgia State Trucking Company, the driver Speedy Gonesailing, and the owner, Gotdem Bigbucks, rather than the Georgia District Court. Dowe Cheathim, Abe’s attorney, replied that he would need to gather information and investigate the law to see if that was possible. Dowe requested that Abe give the following information in order to preserve evidence for trial and to prepare a legal claim or insurance demand:
Reports of accidents
Statements of witnesses
Photographs taken on the spot
Treatment Records Medical Evidence Insurance Policy Information
Statements of Accounts
Wages that have been lost Summaries
Dowe Cheathim summons Ann Howmuch, his junior partner, to his office. Dowe requests that she examine the following aspects of the case:
Is it appropriate to bring this incident to court? If so, what’s the reasoning behind it?
Is it appropriate for a nonjudicial forum? Which one, if any, is it? Why not, if not?
What court is best equipped to hear the matter from a jurisdictional standpoint?
Is it better to go to the Florida District Court or the Georgia District Court? Is his case admissible in Florida, and if so, why? If not, what are the legal reasons for this?
How does a court get the authority to consider a case?
What are the review criteria?
Respond to the prior issues using the IRAC Format and submit your completed form.
Inventive+ Imaginative+ Imaginative+ Imaginative+ Imaginative+ Imaginative+ Imaginative
RUBRIC |
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Excellent Quality 95-100%
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Introduction
45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Literature Support 91-84 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met. |
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Average Score 50-85% |
40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided. |
83-76 points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration. |
52-49 points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met. |
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Poor Quality 0-45% |
37-1 points The background and/or significance are missing. No search history information is provided. |
75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration. |
48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met |
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Assignment of a Claim in Federal Court