`File a Claim in Federal Court Assignment
Order ID | 53563633773 |
Type | Essay |
Writer Level | Masters |
Style | APA |
Sources/References | 4 |
Perfect Number of Pages to Order | 5-10 Pages |
File a Claim in Federal Court Assignment
Assignment:
In this exercise, you will review the federal government court system, download a federal Complaint form, and fill it out based on the “Abe” Case Study I facts.
This assignment consists of two activities.
The first activity is to discover the differences between court systems. For that activity, follow the directions in the Discover section and answer the questions. Submit your answers in a document.
The second activity in this assignment is completing the form required by the federal court to file a claim in federal court. Follow the directions in the File a Claim section, and upload the completed document to your assignments page. Use all information you have available and do not leave any blanks on the form. Make sure your research includes potential issues presented in the requested information on the court form (i.e., “Damages” what are they what types are available, is there a threshold amount?
Discover:
Courts are divided into federal courts and state courts. The United States Courts’ website (Links to an external site.) contains information about the federal judiciary. Follow the link and look specifically at the section comparing federal courts and state courts. (Links to an external site.) As you read the comparison chart, answer the following:
Which court system was specifically established in the United States Constitution?
Where can people go if they are not satisfied with the decision in a state trial?
Where can people go if they are not satisfied with the decision in a federal trial?
What system of government does the United States have that causes it to have two court systems?
Which system conducts most of the criminal trials?
When might a case move from the state court system to the federal court system?
Answer the questions and, submit them as a document. Save your assignment using a naming convention that includes your first and last name and the activity number (1.8.1). Do not add punctuation or special characters.
File a Case:
Go to the Complaint for a Civil Case (Links to an external site.) section of the United States Courts’ website, (Links to an external site.) and do the following:
Note at the top of the page it gives you the ability to Download Form in either a .PDF or .DOCX format. Select the .DOCX link and download it.
Complete the form using the information and the directions provided in the Case Data Document Section.
Once completed, save the Complaint for a Civil Case form using the naming convention described below.
Upload the completed form.
The purpose of this activity is to allow you to see the legal terminology in use. It is also an introduction to legal documents and how they are structured.
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 realize 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 driver of the truck 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 Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants 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 District Court in Georgia. 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
Dowe Cheathim calls his junior partner, Ann Howmuch, to his office. Dowe asks her to analyze the following issues in the case:
Does this accident belong in court? If so, why?
Does it belong in a nonjudicial forum? If so, which one? If not, why not?
From a jurisdictional perspective, what court is best suited to hear the case?
The Florida District or Georiga District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it can not?
How does the court obtain the power to hear a case?
What are the standards for review?
Using the IRAC Format answer the previous issues and upload your completed form.
Requirements: File a Claim
RUBRIC
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. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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