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Business Law

by: Lavon Nolan I

Business Law BLW 3013

Lavon Nolan I
GPA 3.53

Rodolpho Sandoval

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About this Document

Rodolpho Sandoval
Class Notes
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This 2 page Class Notes was uploaded by Lavon Nolan I on Thursday October 29, 2015. The Class Notes belongs to BLW 3013 at University of Texas at San Antonio taught by Rodolpho Sandoval in Fall. Since its upload, it has received 45 views. For similar materials see /class/231346/blw-3013-university-of-texas-at-san-antonio in Business Law at University of Texas at San Antonio.

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Date Created: 10/29/15
Legal Analysis Brie ng cases is a prerequisite for understanding how to answer legal questions for the examination The question has a short statement of facts like the one below It will be followed by four answers identified as a b c or d The answers are actually the holding in the case Read the question critically and understand who the plaintiff is and who the defendant is Identify the controversy in other words what is the reason for the law suit Then isolate the issue The issue will begin with whether or not and end with a question mark The issue is the focus of the inquiry This is the question that needs to be resolve The issue should force the student to identify the applicable law Example 1 Mark lives on a certain acre of land in Montana for thirty years believing that he owns it Nora who lives in Oklahoma appears claiming that she owns it Mark files a law suit in court to decide who owns the land The court in this case a has in personam jurisdiction b has en rem jurisdiction 0 does not have jurisdiction a has quasi in rem jurisdiction In this case Mark lives in Montana The land is located in Montana Mark les a lawsuit in Montana and Nora lives in Oklahoma Issue Whether or not the Montana Court has Jurisdiction over Nora Law In rem jurisdiction occurs when the court is able to acquire jurisdiction over the res or the thing U Rationale Since the court is in Montana and the land is in Montana and the controversy is over the land the court has in rem jurisdiction over land and therefore may adjudicate the controversy Paula a resident of California owns a farm in Iowa A dispute arises over the ownership of the farm with Don a resident of Nevada While Paula is visiting her aunt in Iowa Don files a suit against Paula in Iowa claiming that he owns the land Issue LawIn personam jurisdiction is aquired by obtain jurisdiction over the person living residing or being present within the juridiction Rationale The court has jurisdiction over Paula who is present in the state of Iowa when the suit if filed in Iowa A plane takes off from New York with passengers from New York California Florida and Texas After takeoff the plane crashes Joe Maxwell s estate which is located in Texas where Joe used to live brings a lawsuit for wrongful death in Federal Court for 500000 Issue Whether or not the plaintiff can have access to the federal courts Law To have access to federal courts the issue must be a federal question or there must be diversity of citizenship Rationale This is a diversity issue The plaintiffs are from different states and the amount in controversy is over 75000


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