Submission Instructions:
The answers to both WALA problems should be combined into one document. Further, the document must be saved either in Word or PDF format. This document would then be submitted by the due date listed and in the link provided below.
Failure to comply with these submission instructions could cause you not to receive any credit for this homework.
( Note: If you use quotations in your answer, you may use either APA or MLA citation methods.)
WALA # 1
This type of assignment will provide you with an opportunity to act like a judge. You will be given a factual scenario that forms a basis for a legal dispute between two or more people. This will be followed by two questions you will need to answer. The first will always ask you to summarize the law that underlies the dispute, and the second will ask you to analyze the facts and reach conclusion on the dispute. I will always provide you with the page number in the e-textbook where the law can be located.
Factual Scenario:
Bill entered into a contract with Ron to build a house in Fresno. The total cost under the contract for Bill was $500,000, and Bill made an initial payment to Ron, upon signing, of $100,000. However, before construction began, Bill was unable to get certain permits issued by the City of Fresno and so decided not to move forward with construction. He notified Ron and then demanded the return of the $100,000. Ron refused, claiming the $100,000 payment was non-refundable under the contract. In response, Bill hired an attorney who filed a lawsuit against Ron in Fresno County Superior Court (the highest trial court in Fresno County, in the California court system) asking for damages of $100,000 due to the breach of the contract.
While Bill is a resident of Fresno, Ron’s construction business and his residence are in Reno Nevada. Despite that, the contract was entered into in Fresno and states that California law would be applied in any dispute over the contract.
Ron hired an attorney in Fresno, and that attorney immediately sought an order from a federal judge to transfer the case from Fresno County Superior Court to the federal court in downtown Fresno. This was done through a procedure called a motion, and if Ron’s attorney is successful the federal court would then handle the case from then on. In the motion, Ron’s attorney argues that the legal basis for the transfer is an area of law called diversity jurisdiction .
You are the federal judge hearing this motion, and you must decide whether diversity jurisdiction applies, and therefore, whether the case should be transferred to the federal court in downtown Fresno.
Questions:
1. Fully summarize the law related to diversity jurisdiction in federal court (a review of diversity jurisdiction is located on page 45 of the e-textbook).
2. Analyze the facts in the factual scenario and decide if the requirements for diversity jurisdiction have been met. In your answer to this question, it is not enough to simply say whether they have been met or not. You must provide specific reasons based on the facts for your ruling. (For further help in answering this question, the video above reviews how to answer it.)
Diverse communities are becoming more and more common in the United States. The number of people who identify as a member of a minority group has increased by almost 50 percent since 2000 (The Pew Research Center). This growth is due to many factors, but one of the main reasons is because there are laws that protect these groups from discrimination. In order to understand diversity jurisdiction in federal court, it is important to first understand what constitutes discrimination.
Discrimination can be defined as any action or inaction that treats an individual or group differently than others based on their race, color, national origin, gender identity or expression, religion, age, disability status or genetic information (U.S. Equal Employment Opportunity Commission). There are also other protected classes such as sexual orientation and gender identity which means that an employer cannot treat them differently than another employee based on their sex.
Diversity jurisdiction refers to cases where the court has the power to hear claims brought by parties who have different cultural backgrounds than those typically represented in court (LegalMatch). These cases can be heard in either district courts or appeals courts depending on whether they arise under civil law or criminal law respectively (LegalMatch). Diversity jurisdiction…
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