Please make sure your answers to the essay question are detailed and not just a 2-3 sentence response. It is an “essay” and you are expected to explain your answer. At least a minimum 250-word answer per question is expected. Please remember to list your references in proper Bluebook format.
Your client was fired from her job. She claims the employer engaged in discrimination and that the employer’s actions violated the law. Your client worked for the employer in Maryland, but the employer has offices in New York and Oregon. The employer does not have any set policy as to where a lawsuit must be filed.
Would you file the action in state or federal court? Explain. Discuss the difference between the subject matter jurisdiction of federal courts and that of state courts.
Be sure to only examine the civil procedure issues.
Make sure you discuss and define key terms, show knowledge of the subject area, provide a detailed analysis, and cite your sources in Bluebook format
Does a court have jurisdiction over a non-resident? Review Burnham v. Superior Court of California, 495 U.S. 604 ( 1990) and explain.
Plaintiffs (consumers) have filed a complaint against your client (a toy manufacturer) regarding the manufacture of one of your client’s toy products that allegedly has caused injuries to children. After reviewing the complaint, you believe the case is without merit.
What motion can you file to end the legal action? What if you waited and filed a motion later? What motion would you then file? What federal rules of civil procedure apply? What needs to be true for either of the motions you noted to be successful (to be granted by the court)?
You just filed a complaint on behalf of your client. This complaint was filed in federal court. How does defendant get the complaint (how is defendant served)? What is the next step you need to take after filing the complaint? Why is proper service of process so important? What are some of the issues that may arise if proper service is not given?
Is service of the complaint different than service of pleadings after the complaint is filed? What federal rules apply?
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