Chapter 4 - Constitutional Authority to Regulate Business s5

Chapter 4 - Constitutional Authority to Regulate Business s5

<p>BLTC-9e Sample Answer for End-of-Chapter Hypothetical Question with Sample Answer</p><p>Chapter 3: Courts and Alternative Dispute Resolution</p><p>3.2 Hypothetical Question with Sample Answer </p><p>Marya Callais, a citizen of Florida, was walking along a busy street in Tallahassee when a large crate flew off a passing truck and hit her, causing numerous injuries to Callais. She incurred a great deal of pain and suffering plus significant medical expenses, and she could not work for six months. She wishes to sue the trucking firm for $300,000 in damages. The firm’s headquarters are in Georgia, although the company does business in Florida. In what court may Callais bring suit—a Florida state court, a Georgia state court, or a federal court? What factors might influence her decision?</p><p>Sample Answer:</p><p>Marya can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there. Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marya could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship.</p>

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