Lawyer’s Comment: A plaintiff may file their lawsuit in state or federal court depending upon the circumstances. Certain requirements must be met if filing in federal court. In state or federal court, the plaintiff still has to ensure he is able to satisfy personal and subject matter jurisdiction. Also, the plaintiff has to meet the venue requirements under Trial Rule 75.
kitkat530’s Comment: Katie Greener
PARA 103-9AC
Chapter 8-Pleadings
2) Would you prefer to file a lawsuit in federal court or state court, why?
I would prefer to file a lawsuit in federal court because when you are filing a lawsuit in federal court you have to basically just summarize in your lawsuit what you want from the defendant. You don’t really have to be very descriptive so therefore filing a lawsuit in federal court takes less time.
Lawyer’s Comment: Katie: your comment raises the concepts of notice pleading and fact pleading. I don't necessary think that a good reason to file in federal v. state court. In both federal and state court we're most likely looking at notice pleading requirements, but federal court usually requires things be pled with detail. Good comment.
3. There are typically two ways that an individuals case may be heard on a federal level. The first is original jurisdiction, which includes disputes between states. The second is appellate jurisdiction, which is a case has usually exhausted all appeals in state and federal court systems.
Rachel_k77’s Comment: I would have to disagree with Katie, I would rather file a lawsuit in state court only because it is cheaper. I would rather spent more time with expressing the lawsuit to the judge then spend more money only to close the case quicker.
ecampbellone’s Comment: Being in the state of Indiana it really would not make me a differecene rather to file in state or federal. Me personally i would be tring to get in which ever one would have me done the quickest. You can only get into fed if it is a federal question ordiversity of jurisdiction amount exceed 75,000. Edward Campbell
stottfender’s Comment: The elements of breach of contract are as follows:
1. A valid contract exists
2. One of the parties without an excuse, breached the terms of the contract
3. The other party suffered damages as a result
Comments (7)
PARA 103-9AC
Chapter 8-Pleadings
2) Would you prefer to file a lawsuit in federal court or state court, why?
I would prefer to file a lawsuit in federal court because when you are filing a lawsuit in federal court you have to basically just summarize in your lawsuit what you want from the defendant. You don’t really have to be very descriptive so therefore filing a lawsuit in federal court takes less time.
3. There are typically two ways that an individuals case may be heard on a federal level. The first is original jurisdiction, which includes disputes between states. The second is appellate jurisdiction, which is a case has usually exhausted all appeals in state and federal court systems.
1. A valid contract exists
2. One of the parties without an excuse, breached the terms of the contract
3. The other party suffered damages as a result