Legal System Identification
Legal System Identification
Adebimpe Koyi
Cassandra Chambers
Greg Martinez
Kenya McDonald
University of Phoenix
Interoffice Memorandum
To: Supervisor
From: Legal Team (Chambers A, Koyi A, Marinez G, and McDonald K)
Subject: Mr. Al Jones’ utility easement legal situation
Date: August 18, 2008
Statement of Facts Our client Mr. Al Jones, a land developer has been threatened to be sued for fraud against a municipality by the city he was building his newest and largest subdivision. Mr. Jones’ adjacent property owner, a citizen of Switzerland, has also threatened to sue him for damages and trespassing to his property. Our client is facing this legal dilemma because the City discovered an easement for a city utility on the subdivision that did not belong to him. Moreover, the owner of the property where the utility easement is located also discovered the error.
Questions Presented • Describe the state and/or federal court(s) that can review and resolve the situation. • The court(s) that may have jurisdiction over the situation. Explain. • Identify the stages and processes for reviewing the situation in civil court. • Compare the proposed resolution of the civil aspects of the situation with the criminal acts resolution. • Analyze the probable success of a court proceeding and any alternative means of resolving the civil matter including the role of dispute resolution.
Analysis
Cheeseman (2007) indicates that Article 3, Section 1 of the U.S. Constitution establishes the sharing of powers between the national governments and the state governments. However, there is specificity in powers exclusive to the federal government (U.S.Supreme Court) and the rest of the powers reserved for the states. Therefore, the federal and the state governments need their own judicial system in interpreting their laws. Since Mr. Jones’ legal situation occurred within the city of a state, his legal situation can be
Adebimpe Koyi
Cassandra Chambers
Greg Martinez
Kenya McDonald
University of Phoenix
Interoffice Memorandum
To: Supervisor
From: Legal Team (Chambers A, Koyi A, Marinez G, and McDonald K)
Subject: Mr. Al Jones’ utility easement legal situation
Date: August 18, 2008
Statement of Facts Our client Mr. Al Jones, a land developer has been threatened to be sued for fraud against a municipality by the city he was building his newest and largest subdivision. Mr. Jones’ adjacent property owner, a citizen of Switzerland, has also threatened to sue him for damages and trespassing to his property. Our client is facing this legal dilemma because the City discovered an easement for a city utility on the subdivision that did not belong to him. Moreover, the owner of the property where the utility easement is located also discovered the error.
Questions Presented • Describe the state and/or federal court(s) that can review and resolve the situation. • The court(s) that may have jurisdiction over the situation. Explain. • Identify the stages and processes for reviewing the situation in civil court. • Compare the proposed resolution of the civil aspects of the situation with the criminal acts resolution. • Analyze the probable success of a court proceeding and any alternative means of resolving the civil matter including the role of dispute resolution.
Analysis
Cheeseman (2007) indicates that Article 3, Section 1 of the U.S. Constitution establishes the sharing of powers between the national governments and the state governments. However, there is specificity in powers exclusive to the federal government (U.S.Supreme Court) and the rest of the powers reserved for the states. Therefore, the federal and the state governments need their own judicial system in interpreting their laws. Since Mr. Jones’ legal situation occurred within the city of a state, his legal situation can be
References: An Attorney (2008). Retrieved August 14, 2008, from http://www.anattorneyforyou.com. Cheeseman, H. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and Lebanon. Retrieved August 15, 2008, from http://www.lebanon-utilities.com/easements.html. US Courts. Retrieved August 14, 2008, from http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm