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PAR 1103 Litigation Assignment 7 10 points RESOURCES Court charts
PAR 1103 Litigation
Court charts and other resources on eLearn
Ohio jurisdictional statutes: HYPERLINK "http://codes.ohio.gov/orc" http://codes.ohio.gov/orc
R.C. 1901.01, 1901.02, 1901.17, 1901.22, 1901.18 (A), 1907.01, 1907.03, 1925.01, 1925.02, 2305.01, 2743.01, 2743.03
Federal jurisdictional statutes: HYPERLINK "http://www.law.cornell.edu/uscode/text/28" http://www.law.cornell.edu/uscode/text/28
28 U.S.C. 151, 28 U.S.C. 1331, 28 U.S.C. 1332 (a-c), 28 U.S.C. 1334, 28 U.S.C. 1338, 28 U.S.C. 1441
Supreme Court website listing all Ohio Courts: HYPERLINK "http://www.supremecourt.ohio.gov/JudSystem/trialCourts/default.asp"http://www.supremecourt.ohio.gov/JudSystem/trialCourts/default.asp
Supreme Court Writing Manual for proper citation form:
HYPERLINK "http://www.supremecourt.ohio.gov/ROD/manual.pdf" http://www.supremecourt.ohio.gov/ROD/manual.pdf
Fully explain how the applicable statute applies to the facts of each situation. Be specific. Example: Luther Burbank from Daytoninvented a new flower, the Xenia Snapdragon. Crabby Appleton from Xenia, stole Luther?s idea and is profiting from it. If Luther sues Crabby, in which court must he file his case? Answer: Luther must file in the U.S. District Court for the Southern District of Ohio, Western Division. Pursuant to 28 U.S.C. 1338, the federal district courts have exclusive jurisdiction in plant variety protection cases.
Cite the appropriate statute(s) using proper citation form.
Make sure your answer includes the correct full name of the Court. For example, your answer should refer to the Franklin County Court of Common Pleas rather than just Common Pleas.
If a court?s jurisdiction is exclusive or concurrent in the particular situation involved in the question, include the words ?exclusive ?or ?concurrent? in your answer.
Use words of legal significance, such as ?diversity of citizenship? and ?federal question,? if applicable.
Use complete sentences, proper grammar and spelling. Leave a blank line in between each answer.
For each situation listed below, give a detailed explanation about which court (or courts if more than one applies) has subject matter jurisdiction, and cite the applicable statute(s).
The following incidents took place in Ohio one day in the past year.
Tonya Jenkins, a Troy resident, was injured in a serious car accident when a drunk driver drove through a red light. She wants to sue the other driver, Vanessa Reynolds, also from Troy, for $150,000 to cover her medical bills and pain and suffering. (Cause of action: Negligence)
James Henry is an attorney in Tipp City, with a background in computer science. James invented a new iPhone app that allowed drivers stopped for a D.U.I to instantly connect with him for legal advice, which worked so well, he applied for a patent. Then James learned at a bar association meeting that another local attorney, Steve Estabrook, had copied his idea. James wants to sue for an immediate restraining order before he loses all his business to Steve. (Cause of action: Violation of federal patent law)
Keri Cousins, is a student at Miami University and lives in a sorority house in Oxford, Ohio. She is angry with her neighborhood dry cleaner ? it?s just two blocks from her house - because the cleaners didn't get the spots out of Carrie's favorite leather coat, although they guaranteed satisfaction. Carrie is suing for $278.00. (Cause of action: Breach of warranty and violation of Ohio Consumer Sales Practices Act)
Nicole Newton, a high school student in Bellbrook, wrote an editorial in her high school newspaper, criticizing the school for invading student privacy by secretly conducting locker checks for drugs, after school hours. When the school administrators read the editorial, they gathered up all copies of the newspaper and destroyed them, and suspended Nicole for 3 days. Nicoles?s parents contact the American Civil Liberties Union (ACLU), asking them to sue the school because the suspension will impactNicole?s college applications. (Cause of Action: Violation of the First Amendment to the United States Constitution - right to free speech)
Courtney Moran and Sarah Wang, both classmates at Wayne High School in Huber Heights, Ohio recently obtained their driver?s license and were excited when their parents allowed them to drive to school on a Saturday night to compete in the Music inMotion competition. When leaving, there was a long line of cars to get out of the parking lot, and the students were all singing and having fun, and yelling out the windows to make plans to meet up at the local restaurant. Anxious to get moving, Courtney accidently bumped the fender of the car in front of her driven by Sarah. Sarah?s parents insist on suing Courtney for $2,000 to fix the damage to the car. (Cause of Action: Negligence)
Nyla Omera, a resident of Yellow Springs, Ohio often travels weekly to the Trinity Nursing Home in Beavercreek, to visit her elderly mother, and she often takes her out for her favorite activity - getting an ice cream cone at Young?s Jersey Dairy. In theparking lot of the restaurant, after Nyla gets her mother back in the car, another car driven by Dylan Winslow of Xenia, Ohiobacks out of an adjacent parking spot and runs over her mother?s walker and nearly hits Nyla, but just drives off as if nothing happened. Nyla?s mother is so traumatized from hearing her daughter?s screams and seeing the demolished walker, she refuses to leave the nursing home ever again. Nyla hires a lawyer for her mother to sue Dylan for the cost of replacing the walker, and for her loss of enjoyment of life caused by the accident, and is seeking $12,500 (Cause of Action: Negligence)
Luigi Rossi, the owner of Luigu?s Pizza in Lebanon, Ohio, enters into a written contract with the State of Ohio, Department of Corrections to supply pizza for the prison guards? Christmas party at the prison in Lebanon, Ohio. At the time, the governor had instituted a new policy that no state agency was allowed to pay for food at any state sponsored event, so the bill does not get paid. Luigi?s wants to sue the state for damages. (Cause of Action: Breach of contract)
One of Luigi?s vendors, Praiseworthy Pizza Products, is having financial troubles and has to file for bankruptcy protection. Luigi gets a notice that he will not be receiving the pizza sauce he previously ordered and paid in advance $1000 for expedited shipment. Where must Luigi go to file a proof of claim for a refund from the bankruptcy action?
Monica Munoz is an up and coming country singer, well known in Dayton after she won a local contest, ?Dayton Idol,? and was awarded a recording contract with ReFraze Recording Studios, which immediately took steps to help her copyright her songs.However, one day Monica is at a club and hears parts of her song in a mash-up with a rap song that she thinks will ruin her reputation as a clean, country girl. She wants to sue the studio who recorded the mash-up, Ruff Mix Studios. (Cause of action: Violation of federal copyright laws)
When the Superbowl was held in Cincinnati between the Cleveland Browns and the Indianapolis Colts, hundreds of crazy fans organized car pools to drive to the game in unison to show their support. Unfortunately, it was held on a day with icy, blizzard conditions, resulting in numerous accidents. On the way to the game, Jim Boyle, a Brown?s fan from Cleveland was injured in an automobile accident on I-75, just south of I-70, when the van beside him hit an icy patch and lost control. The van was driven by Peter Mahon, from Indianapolis, whose entire family was injured when the van flipped and slid across the road. Both drivers want to sue each other for medical bills in excess of $100,000, property damage in excess of $50,000, and an amount in excess of $25,000 for lost opportunity to enjoy watching the Superbowl. (Cause of Action: Negligence)
This question was answered on: Feb 21, 2020
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