Assignment Details In This Unit You Are Studying The Judicia

Assignment Detailsin This Unit You Are Studying The Judicial Branch O

Assignment details: In this unit, you are studying the judicial branch of government and the rules that apply to all cases that are filed with a court, such as jurisdiction and the justiciability doctrine. With these rules in mind, analyze the following fact patterns. Billy, a resident of Dallas, Texas, was having trouble paying his bills. Billy, along with his best friend Edward, decided that they would rob a bank in neighboring Wichita Falls to raise some funds. During the robbery, things went horribly wrong, and Billy and Edward ended up taking a hostage and driving to nearby Randlett, Oklahoma, where they took refuge in Edward’s grandmother’s home. Both Billy and Edward eventually were apprehended in Randlett, and the hostage was released. Which court would possess jurisdiction over this case—state or federal? Explain your answer. Newlyweds Malia and Kevin were honeymooning in Hawaii. They were on their way to a Hawaiian luau when they were rear-ended by a local resident who lived in Honolulu. Malia and Kevin were both hospitalized and required extensive surgery for back and neck injuries. Malia and Kevin wish to sue the local resident. Which court would possess jurisdiction over their cases—state or federal? Explain your answer. Jane recently discovered that she is pregnant. When she shared the happy news with her coworkers at a local law firm, everyone was overjoyed—especially her good friend, Chiquita. Unfortunately, the very next week, Jane was fired from her position, despite receiving stellar annual reviews. Her supervisor said that they were downsizing because they had lost a big case. Jane believes that she was fired because she is pregnant. Jane does not want to call any attention to her firing, so she has decided not to do anything about the firing; however, Jane’s friend Chiquita, who is a paralegal, is furious with the attorney. She has decided to file the case on behalf of her friend, Jane. In what court would this case be filed—state or federal? Would Chiquita face any problems with filing the lawsuit? If so, what? Explain your answer. In a 2–3-page paper, answer the questions associated with each fact pattern, and also complete the following: Identify the federal district in which you reside and the specific district, such as the Northern District of Alabama, the Middle District of Alabama, or the Southern District of Alabama. Identify the branch of government that created these lower courts. Review the Web site for your local state circuit court and your local federal district court, and provide the citation to each.

Paper For Above instruction

The judicial branch of government plays a crucial role in administering justice through various courts that handle different types of cases. This paper analyzes three specific fact patterns to determine the appropriate jurisdiction—state or federal—and discusses potential legal issues faced by the parties involved. Additionally, it provides personal details about the local federal district and the creation of these courts, along with references to their official sources.

Jurisdiction in the Billy and Edward Case

Billy and Edward committed a bank robbery starting in Wichita Falls, Texas, and fled to Randlett, Oklahoma. Jurisdiction in this scenario depends on multiple factors, primarily whether the case falls within state or federal jurisdiction. Since the crime involved interstate activity—crossing state lines and potentially violating federal criminal laws—both state and federal courts could have jurisdiction. The federal courts might exercise jurisdiction under the Federal Crimes Act, particularly because bank robbery is prosecuted federally under 18 U.S.C. § 2113, which covers bank theft and-related offenses. Additionally, because the crime involved interstate movement, it satisfies the criteria for federal jurisdiction based on the commerce clause and the federal criminal statutes (U.S. Department of Justice, 2022). However, state courts in Texas or Oklahoma could also have jurisdiction as the crime occurred within their territorial boundaries, and local law enforcement agencies initiated the apprehension. Generally, federal jurisdiction takes precedence in criminal cases involving interstate commerce or federal offenses, which suggests that the U.S. District Court in either Texas or Oklahoma would have jurisdiction.

Jurisdiction for Malia and Kevin’s Personal Injury Suit

Malia and Kevin, residents of Hawaii, were injured by a local resident while on vacation, and they wish to sue for damages. Jurisdiction in personal injury cases involves two key considerations: the location of the incident and the residency of the parties. Since the incident occurred in Honolulu, Hawaii—the state where the injury took place—Hawaii state courts have jurisdiction over this matter. Pursuant to the principle of "personal jurisdiction," courts generally have authority over defendants residing in or doing business within their jurisdiction, and in this case, the defendant is a Honolulu resident. Furthermore, under diversity jurisdiction, federal courts in Hawaii could also hear the case if the amount in controversy exceeds $75,000, and there is complete diversity of residence between the parties (28 U.S.C. § 1332). However, unless Malia and Kevin file in federal court based on diversity, the primary jurisdiction would be with the Hawaii state courts, due to the incident's location (Hawaii Constitution, 2022). Ultimately, the case would most likely be filed in a Hawaii state court, with the possibility of federal court jurisdiction if the criteria for diversity are met.

Jurisdiction and Legal Challenges in Jane and Chiquita’s Case

Jane's situation involves employment discrimination based on pregnancy, a protected characteristic under federal law. Since Chiquita intends to file suit on behalf of Jane, the appropriate court would be a federal court, specifically under the grounds of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, including pregnancy. Federal courts have jurisdiction over employment discrimination claims when federal statutes are involved (U.S. Equal Employment Opportunity Commission, 2020). Chiquita, as a paralegal, has the authority to file such a lawsuit on Jane’s behalf if she has proper authorization through a power of attorney or if Jane provides a statement of consent. However, challenges could arise if Chiquita attempts to act without proper legal authority or if she is not a licensed attorney, as only licensed attorneys generally have standing to represent clients in federal court. Moreover, employment discrimination claims are typically filed in federal district courts, such as the District of Hawaii, which is part of the Ninth Circuit (U.S. Courts, 2023).

Personal and Judicial System Context

I reside in the Northern District of Alabama, created by the legislative authority of Congress through the Judiciary Act of 1789. The Ninth Circuit Court of Appeals, which hears appeals from the federal district in Hawaii, was established by the Judicial Council Act of 1891. The state of Alabama’s circuit courts are created by the Alabama Legislature, with the Alabama Supreme Court overseeing their operation, as outlined in the Alabama Code (Alabama Legislature, 2022). For local court citations, the Alabama Circuit Courts are referenced in the Alabama Rules of Judicial Administration, and Hawaii’s district courts are listed on the official Hawaii State Judiciary website (Hawaii State Judiciary, 2023).

References

• Alabama Legislature. (2022). Alabama Code - Title 12 - Courts and Judicial System. Retrieved from https://alisondb.legislature.state.al.us
• Hawaii State Judiciary. (2023). District Courts of Hawaii. Retrieved from https://www.courts.state.hi.us
• U.S. Courts. (2023). Federal Judicial Districts. Retrieved from https://www.uscourts.gov/about-federal-courts/district-courts
• U.S. Department of Justice. (2022). Federal Crime Statistics and Jurisdiction. Retrieved from https://www.justice.gov
• U.S. Equal Employment Opportunity Commission. (2020). Pregnancy Discrimination. Retrieved from https://www.eeoc.gov
• Hawaii Constitution. (2022). State Constitution of Hawaii. Retrieved from https://www.hawaii.gov
• U.S. Courts. (2023). Federal Court System Overview. Retrieved from https://www.uscourts.gov/about-federal-courts