Friday, January 22, 2010

Cases under federal Jurisdictions?

1: Which of the following situations presents a case over which a federal court may exercise federal jurisdiction:


a) A suit filed by Ally against the city of Boston alleging that a city ordinance restricts her constitutional right to free speech.


b) A suit filed by Company A, a Delaware corporation, against Company B, a South Dakota corporation, alleging that a Company B wrongfully interfered with Company A's contract with one of its employees.Cases under federal Jurisdictions?
Both could be filed in federal district court although the information in (b) is insufficient to make a definitive determination.





The lawsuit described in (a) comes within the federal question jurisdiction under 28 U.S.C. 搂1331: ';The district courts shall have original jurisdiction or all civil actions arising under the Constitution, laws, or treaties of the United States.'; There are certain circumstances under which the district court might abstain from exercising jurisdiction, i.e., where the city ordinance has not been definitively interpreted, and the district court might want to give the state courts an opportunity to interpret it in such a manner that no constitutional question is presented. However, federal jurisdiction clearly exists.





The lawsuit described in (b) might come within federal diversity jurisdiction pursuant to 28 U.S.C. 搂1332. However, this cannot be determined on the facts stated, because, for diversity jurisdiction to apply, the amount in controversy must exceed $75,000. In addition, you have only identified the state of incorporation of the parties; that is insufficient. Under 搂1332(c)(1), a corporation ';shall be deemed to be a citizen of any State by which it has been incorporated and of the state where it has its principal place of business . . . . We cannot determine whether diversity jurisdiction is available without knowing the principal place of business of the two corporations involved. If, for example, Company B has its principal place of business in Delaware, or both Company A and Company B have their principal place of business in New York, there would be no diversity jurisdiction.Cases under federal Jurisdictions?
Neither.





Example A would be in state court, and after the appeals have run through the state courts, it can be appealed to the federal courts.





Example B is state courts. Company A would have to file the suit with the courts in South Dakota.
A. Could be filed in federal court since it is a violation of constitutional rights.~

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