Preview

Chapter 3: Civil Dispute Revolution

Good Essays
Open Document
Open Document
4376 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Chapter 3: Civil Dispute Revolution
Chapter 3: Civil Dispute Revolution

Ram Products Co., Inc vs. Chauncey
US District Court, N.D. Indiana, South Band Division, F. Supp 1071

Facts: Warren Chauncey is a resident of Indiana resident, and the previous Vice President of marketing and Sales for Ram Products which was based in Michigan. Chauncey is fifty-nine years old and has been employed as a plastic surgeon for twenty-five years. Replex Plastics, based in Ohio, is another corporation that is also in the plastic industry. Chauncey is currently employed at Replex and works in the capacity of a manager. During his tenure at Ram Chauncey entered into a contract on November 8, 1991. The contract contained a clause which prohibited former employees from competing against Ram for a one year period after termination of employment. On December 3, 1996 Chauncey was terminated from Ram and commenced working with Replex Plastics in the Michigan.

Issue: Is it ethical for the plaintiff to overstate the amount of damage in order to obtain federal diversity jurisdiction?

Holdings: The Federal diversity jurisdiction was satisfied, and the case will be tried in Indiana with Michigan law.

Reason: The state of Indiana has an interest in protecting its citizens’ rights and serve to encourage competition. However, Chauncey worked in the Michigan office, and the contracts was legally binding there since it’s in Michigan the contract was drawn up. The court eventually decided on Michigan as the geographic location which had jurisdiction over the dispute.

Rules: Federal court has jurisdiction where the diversity requirements were met.

World Wide Volkswagen Corp v. Woodson
Supreme Court of the US 1989
444 US 286, 100 S. Ct. 559, 62 L. ed.2d 490

Facts: An Audi was purchased by the Robinson family in New York. On the way to their new home in Arizona they needed to drive through Oklahoma. Unfortunate they got into an accident with another vehicle. The crash

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Diversity of Citizenship has a minimal jurisdictional amount of $75,000. Henry is only asking for $60,000 in damages. The only other way for this case to be tried in federal court would be if Henry could prove that the lawsuit contains a federal question. For this there is no jurisdictional amount. Civil actions that would fall under this may involve matters such as bankruptcy, anti-trust, securities regulations, patents, copyrights, trademarks, taxes, elections, the rights guaranteed by the Bill of Rights, and those rights secured to individual citizens by the Fourteenth Amendment (Morgan, Shedd & Corley, 2010). The information given does not show where any of the federal questions come into play. However if this case could be tried in federal court it would actually benefit the defendant as it has the advantage of allowing for the jury to be selected from an area larger than the county where the case arose. This hopefully will reduce the possibility of jurors tending to favor the plaintiff. Henry would be better of hiring a…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    “Dunlap did not present evidence that the practice can show that a protected group was adversely impacted.” Since he could not prove his claim by challenging the process used in his own interview the courts decided that the disparate impact claim would not be enough sufficient evidence to use against Tennessee Valley…

    • 1102 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Shelley v. Kraemer was a landmark case that abolished the enforcement of racially restrictive covenants. The issue began with the Shelley family purchasing a property in St. Louis that had a racially restrictive covenant in the deed. The white homeowner group belonging to the Marcus Avenue Improvement Association fought against this purchase because of the existence of a restrictive covenant. The covenant at issue here states that the property could not be “occupied by any person not of the Caucasian race.” (INVISIBLE WALLS, pp.…

    • 644 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Justin King Answer

    • 1720 Words
    • 7 Pages

    Answer to paragraph 3. Defendants deny allegations that’s this court has proper jurisdiction to hear diversity cases as cited by Article III, §2 of the United States Constitution. The proper United States District is Northern District of Illinois.…

    • 1720 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Buffets v. Klinke

    • 3142 Words
    • 10 Pages

    73 F.3d 965; 1996 U.S. App. LEXIS 436; 37 U.S.P.Q.2D (BNA) 1449; 96 Cal. Daily Op. Service 315; 96 Daily Journal DAR 507…

    • 3142 Words
    • 10 Pages
    Good Essays
  • Satisfactory Essays

    Citation Quiz

    • 657 Words
    • 3 Pages

    CitationsComplete each citation. Remember that in an actual document, you would underline or italicize the title.…

    • 657 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    “A Revolution In Favor Of Government”, by Max M. Edling, presents the founding period of America. Besides, it focuses on the political and historical facts of the Constitution and the American state. According to Max Edling, the Federalists tried to build a central government, which was based on the fiscal-military of Europe. So, the federal system of government was built when the Constitution was designed by Federalists with fiscal-military power. They had to build a different state, because it was hard to secure adopting the Constitution. The Constitution was designed to protect the liberties and the rights of the American citizens.…

    • 998 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sandra Jones

    • 811 Words
    • 4 Pages

    3. The court that heard the case in the attached file was Kevin M.V. Whitaker, of the Superior court of Justice, date March 23 2011, with reasons reported at 2011 ONSC 1475, 333 D.L.R (4TH) 566.…

    • 811 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Most of the nation's litigation, as I've said before occurs at state level. When a person has a grievance, he or she can be assured that there is a state court that will consider his case. Although federal courts play an increasing role in the whole litigation picture, they are limited as to the cases over which they can exercise jurisdiction. In order for a federal court to exercise jurisdiction over a case one of the following conditions must be met: Either there must be diversity of citizenship, or the case must involve a federal question. Diversity of citizenship, by the way, refers to a dispute involving citizens of different states, or a government or citizen of another country. The amount in question, in order for diversity to be applied, must be at least $75,000. That is even though a case may involve citizens of different states, the plaintiff must claim at least $75,000 in damages in order for a federal court to hear the case. For example, a very common case in federal court involves product liability. Suppose someone from Glen Ellyn is injured by a product manufactured in Michigan. Although there is no federal law governing product liability, this would be normally a matter for state courts, but since diversity applies (assuming the claim is over $75,000), the case may also be tried (but not necessarily) in federal court. If the plaintiff files in his or her own state court, the defendant would have the right to remove the…

    • 1149 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Disobedience is a valuable human trait and it promotes social progress. The beginning of time starts with disobedience. Humans tend to attract to trouble like a moth to a flame. When someone is born they start off disobedient. Humans have to be taught how to behave. It is to be imbedded into our brains to make the right decisions.…

    • 372 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Non Violent Revolutions

    • 1175 Words
    • 5 Pages

    Violent revolutions have been the most effective way to bring about change dating back to the American Revolution in the late 1700s. While analyzing this ferocious rebellion, it is revealed that all of the American’s non-violent attempts to compromise with Britain failed, and that it took a bloody eight year war for the Americans to finally separate from Britain. Violent revolutions are not only more effective, but easier to pull off. The Iranian government was a well known institution that used fear to prevent successful non-violent revolutions from happening, by executing innocent kids who spoke up against the government. “Between 1980 and 1983, the government had imprisoned and executed so many high-school and college students that we no…

    • 1175 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The resolution I have been researching for the past month is “Resolved: Civil Disobedience in a Democracy is morally justified.” Although there is no single, agreed upon definition, many definitions are similar. Civil disobedience is usually defined along the lines of refusing to obey certain rules and laws as a form of non-violent protest of an unjust law, or any law that one opposes, and is often done to bring attention to said law. Through my research, I have found a number of arguments for civil disobedience within a democracy, as well as arguments against it.…

    • 426 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Many other states have looked into introducing drug testing in their welfare policies, but due to its legality and cost it was never put into action. I feel that we need to push this issue in more states and eventually once people see that its what the public wants, there will be some kind of welfare reassessment.…

    • 1754 Words
    • 8 Pages
    Better Essays
  • Better Essays

    Courtroom Obersvation

    • 2600 Words
    • 11 Pages

    The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case which was argued before the United States District Court for the Northern District of Indiana, case number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern.…

    • 2600 Words
    • 11 Pages
    Better Essays
  • Satisfactory Essays

    pa110 unit 3 assignment

    • 540 Words
    • 3 Pages

    Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in [name of county], in [name of district] of [name of state].…

    • 540 Words
    • 3 Pages
    Satisfactory Essays