Case Study
Parties which are involved in a lawsuit include plaintiff and defendant. Plaintiff is the party which initiates a lawsuit while defendant is the party being sued and defends lawsuit. In the hypothetical of Javier is the plaintiff because is the suing and Energy-Auto, Inc, the Javier would be the plaintiff while Energy-Auto would be the defendant is the one being sued.
The state which suit could be brought is Oklahoma. The case should be heard in Oklahoma because is the place where accident occurred. Although the case be heard in New York because Energy-Auto Inc, has their headquarters in New York and Javier resides same state. ”The correct judicial district can normally be district in which the defendant resides or does business”.
I believe that the suit cannot be brought in federal court to element of diversity jurisdiction. ”Diversity jurisdiction means that the plaintiff and the defendant are from different states. There is also a qualification that claim be over $75,000.” (Rogers, S., 2012, Chapter 1, p. 17). Although Javier incurred $100,000 in damages the case cannot be brought in federal court. Lack of diversity jurisdiction prevents this case from being heard in federal court even though plaintiff and defendant are coming from same state of New York.
One advantage of federal versus state court is that state court officials are mostly elected and come up with decisions based on self-preservation. Also federal judges are appointed for life and not affected by job security. “An out-of-state party might face local prejudice in state courts” (Rogers, S. 2012, Chapter 1, p. 18). In addition,
another advantage of federal court is personal jurisdiction because “the plaintiff can choose the court in which he files the case, and then submits voluntarily to the court and gives it the right to decide his or her fate” (Rogers, S., 2012, Chapter 1, p. 18). Moreover, advantage of federal court is overrule state court due to safety concerns over the brakes with multiple owners. Disadvantage of federal versus state is that it would higher cost. Another disadvantage of a federal court is adhering to strict requirements on cases that they will accept except a number of legitimate cases.
References
Rogers, S (2012). Essentials of Business Law (Electronic version) Retrieved from
https://content.ashford.edu/