19 Aug The ‘XCV’ Court system was established under the United States Constitution under section XWA of the Constitution, which states ‘fhfhsncbeu’.) Answer the following questions based on
Complete the following ten questions with a minimum of five (5) sentences fully detailing each response. Identify each question you are answering. Answers should incorporate the federal court site information and the questions being asked. Complete sentences are required. (Example of incorporating the question into a sentence, #1: The 'XCV' Court system was established under the United States Constitution under section XWA of the Constitution, which states "fhfhsncbeu".)
Answer the following questions based on the court comparison chart information:
- The United States Constitution established which court systems?
- Has Congress used the Constitutional power to create courts? If so, how have they used this power?
- Which court system handles disputes with Last Wills and Testaments?
- Where can people go if they are not satisfied with the final decision in a state trial?
- Are Intermediate courts under federal control? If not, by what authority do the intermediate courts obtain their power?
- Where can people go if they are not satisfied with a federal trial court proceeding decision?
- What system of government does the United States have that causes it to have two court systems?
- Which court system conducts most of the criminal trials?
- When might a case move from the state court system to the federal system?
- Can a member of the House of Representatives nominate and confirm a federal judge?
- Can a USN Admiral onboard her ship decide the outcome of a private boating accident that occurred on the high-seas? Or, is there a specific court the parties must file their claim? What is the name of that court?
Part Two
Go to the Complaint for a Civil Case (US Courts) (Links to an external site.) and perform the following:
- Read the information contained on the website.
- Download the Pro Se civil complaint form for Diversity of Citizenship. Note: You can download the form in DOCX format by selecting the download link at the top of the page.
- Complete the form (Pro Se 1 form) using the information provided in the Abe Chevy Case Data.
Use all available information, do not leave blank spaces; if a question in the complainant does not apply to your claim, place "NA" in the blank space. Make sure your research covers potential issues presented in the complaint form. (i.e., "jury," "Damages," what are they, what types are available, is there a threshold amount?) Entries should contain full detailed explanations to assist in establishing the merits (what are the issues?) of your complainant. Incomplete, vague, or lack of detail will result in the court rejecting your complaint and requiring the document to be corrected and refiled. While you are not filing with the court, your incomplete submission for grading will have the same result; they will not be graded.
Abe Chevy Case Data
Abe Chevy, a resident of South Florida, drove onto I-95, heading north to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, "Macon 25 miles," and realized he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, "Maybe I am getting a little tired." Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen-wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The truck driver worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen. He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe's injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at 0 Landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the Georgia District Court. Abe's attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim or insurance demand:
- Accident reports
- Witness statements
- On-scene photographs
- Medical evidence
- Insurance policy information
- Treatment records
- Billing statements
- Lost wages summaries
Pro Se 1 (Rev. 12/16) Complaint for a Civil Case |
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United States District Court |
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for the |
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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
Case No. |
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(to be filled in by the Clerk’s Office) |
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Plaintiff(s) (Write the full name of each plaintiff who is filing this complaint. If the names of all the plaintiffs cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.) -v- |
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Jury Trial: (check one) |
Yes |
No |
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Defendant(s) (Write the full name of each defendant who is being sued. If the names of all the defendants cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.) |
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COMPLAINT FOR A CIVIL CASE |
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I. The Parties to This Complaint |
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A. The Plaintiff(s) Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed. |
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Name |
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Street Address |
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City and County |
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State and Zip Code |
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Telephone Number |
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E-mail Address |
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B. The Defendant(s) Provide the information below for each defendant named in the complaint, whether the defendant is an individual, a government agency, an organization, or a corporation. For an individual defendant, include the person's job or title (if known). Attach additional pages if needed. |
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Defendant No. 1 |
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Name |
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Job or Title (if known) |
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Street Address |
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City and County |
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Telephone Number |
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E-mail Address (if known) |
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Defendant No. 2 |
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Name |
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Job or Title (if known) |
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Street Address |
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City and County |
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E-mail Address (if known) |
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Defendant No. 3 |
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Name |
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Job or Title (if known) |
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Street Address |
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City and County |
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Telephone Number |
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E-mail Address (if known) |
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Defendant No. 4 |
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Name |
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Job or Title (if known) |
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City and County |
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E-mail Address (if known) |
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II. Basis for Jurisdiction Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal court jurisdiction? (check all that apply) |
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Federal question |
Diversity of citizenship |
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Fill out the paragraphs in this section that apply to this case. A. If the Basis for Jurisdiction Is a Federal Question List the specific federal statutes, federal treaties, and/or provisions of the United States Constitution that are at issue in this case. |
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B. If the Basis for Jurisdiction Is Diversity of Citizenship 1. The Plaintiff(s) a. If the plaintiff is an individual |
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The plaintiff, (name) |
, is a citizen of the |
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State of (name) |
. |
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b. If the plaintiff is a corporation |
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The plaintiff, (name) |
, is incorporated |
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under the laws of the State of (name) |
, |
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and has its principal place of business in the State of (name) |
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. |
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(If more than one plaintiff is named in the complaint, attach an additional page providing the same information for each additional plaintiff.) 2. The Defendant(s) a. If the defendant is an individual |
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The defendant, (name) |
, is a citizen of |
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the State of (name) |
. Or is a citizen of |
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(foreign nation) |
. |
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b. If the defendant is a corporation |
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The defendant, (name) |
, is incorporated under |
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the laws of the State of (name) |
, and has its |
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principal place of business in the State of (name) |
. |
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Or is incorporated under the laws of (foreign nation) |
, |
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and has its principal place of business in (name) |
. |
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(If more than one defendant is named in the complaint, attach an additional page providing the same information for each additional defendant.) 3. The Amount in Controversy The amount in controversythe amount the plaintiff claims the defendant owes or the amount at stakeis more than $75,000, not counting interest and costs of court, because (explain): |
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III. Statement of Claim Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed. |
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IV. Relief State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or punitive money damages. |
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V. Certification and Closing Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11. A. For Parties Without an Attorney I agree to provide the Clerk’s Office with any changes to my address where caserelated papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case. |
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Date of signing: |
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Signature of Plaintiff |
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Printed Name of Plaintiff |
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B. For Attorneys |
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Date of signing: |
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Signature of Attorney |
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Printed Name of Attorney |
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Bar Number |
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Name of Law Firm |
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Street Address |
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State and Zip Code |
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Telephone Number |
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E-mail Address |
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