Assignment of a Claim in Federal Court
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Assignment of a Claim in Federal Court
In this exercise, you will learn about the federal court system, download a federal complaint form, and fill it out using the facts from Case Study I “Abe.”
There are two parts to this assignment.
The first step is to learn about the distinctions between the various court systems. Follow the directions in the Discover section and answer the questions for that activity. Fill out a paper with your replies.
The second activity in this assignment is to fill out the federal court’s form for filing a claim in federal court. Follow the steps in the File a Claim section and then upload the finished document to your assignments page. Fill in all of the blanks on the form with the information you have. Make sure your study covers any potential difficulties raised in the court form’s requested information (e.g., “Damages”: what are they, what types are accessible, is there a threshold amount?
Federal courts and state courts are the two types of courts. The website of the United States Courts (Links to an external site.) provides information on the federal judiciary. Take a look at the part comparing federal and state courts by clicking on the link. (This is a link to another website.) Answer the following questions as you read the comparison chart:
In the United States Constitution, which judicial system was specifically established?
What options do people have if they are dissatisfied with the outcome of a state trial?
What options do people have if they are dissatisfied with the outcome of a federal trial?
What kind of government does the United States have that leads to the existence of two judicial systems?
Which system is in charge of the majority of criminal trials?
When is a case likely to be transferred from state to federal court?
Fill in the blanks and save your answers as a document. Save your work using a name that contains your first and last name, as well as the activity number (1.8.1). Don’t use any special letters or punctuation.
Make a Complaint:
Go to the United States Courts’ website and look under Complaint for a Civil Case (Links to an other site) (Links to an external site.) and carry out the following actions:
You’ll see at the top of the page that you can Download the Form in either.PDF or.DOCX format. Choose the.DOCX link and save it to your computer.
Use the information and directions in the Case Data Document Section to fill out the form.
Save the Complaint for a Civil Case form using the naming format indicated below once it’s finished.
Fill out the form and submit it.
The goal of this activity is for you to become familiar with legal language. It also serves as a primer on legal documents and how they are organized.
Data in this case:
Abe Chevy, a South Florida native, got on I-95 and headed north to see his mother in Atlanta. Around 7:45 p.m., he crossed over to I75N, headed toward Atlanta, and saw a sign that said “Macon 25 miles” and realized he had been driving for seven hours. For some reason, he began to think about breakfast at that same moment, and he reasoned, “Perhaps I’m getting a little fatigued.” After dismissing the thought, he peered down the road and was relieved to see that there was little traffic. Looking up, he was startled to notice a dazzling bright light in his rearview mirror. A fourteen-wheeler drove into the rear of his Lincoln SUV before he could respond, causing property damage and personal injury. The truck driver was employed by a corporation based in Atlanta, Georgia, at 1010 Trucking Lane. Abe was taken to the hospital in an ambulance after suffering what appeared to be a life-threatening injury. His spleen was removed during a five-hour procedure. He also had a shattered arm and leg, as well as a dislocated C1 C2 vertebra. Abe’s medical bills were more than $350,000, with an additional $80,000 in property damage. Abe returned to his home at Zero Landlock in Boca Raton, Florida, after spending two weeks in the hospital. Abe conferred with his lawyer about what he should do. Abe informed his counsel that he intends to file a complaint in the Florida District Court against the Georgia State Trucking Company, the driver Speedy Gonesailing, and the owner, Gotdem Bigbucks, rather than the Georgia District Court. Dowe Cheathim, Abe’s attorney, replied that he would need to gather information and investigate the law to see if that was possible. Dowe requested that Abe give the following information in order to preserve evidence for trial and to prepare a legal claim or insurance demand:
Reports of accidents
Statements of witnesses
Photographs taken on the spot
Treatment Records Medical Evidence Insurance Policy Information
Statements of Accounts
Wages that have been lost Summaries
Dowe Cheathim summons Ann Howmuch, his junior partner, to his office. Dowe requests that she examine the following aspects of the case:
Is it appropriate to bring this incident to court? If so, what’s the reasoning behind it?
Is it appropriate for a nonjudicial forum? Which one, if any, is it? Why not, if not?
What court is best equipped to hear the matter from a jurisdictional standpoint?
Is it better to go to the Florida District Court or the Georgia District Court? Is his case admissible in Florida, and if so, why? If not, what are the legal reasons for this?
How does a court get the authority to consider a case?
What are the review criteria?
Respond to the prior issues using the IRAC Format and submit your completed form.
Inventive+ Imaginative+ Imaginative+ Imaginative+ Imaginative+ Imaginative+ Imaginative
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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Assignment of a Claim in Federal Court
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