Question

double take: dual court system
a. federal, state, or concurrent jurisdiction? these clients need your help! determine whether the client has a federal case, state case, or if the case might fall into concurrent jurisdiction and could be filed in either federal or state court. mark (f) for federal, (s) for state, and (c) for concurrent jurisdiction. underline the evidence the supports your answer.

____ 1. david greene and his wife laura wanted to renovate their kitchen, so they signed a contract with shoddy & sons, a local builder, and gave the company a $10,000 deposit. shoddy & sons failed to do any work on the project and won’t respond to mr. greene’s phone calls, and the greenes want their money back.

____ 2. susan hammond looks desperate as she bursts in your office. she tells you her husband, tom, was making fake $100 bills in their spare bedroom. she used a few of the bills to purchase a $350 catmagic self - flushing litter box. she was arrested late last night by the f.b.i. and charged with the crime of knowingly using counterfeit bills. she needs you to represent her in her criminal case.

____ 3. debbie and jim lomach were driving from their home in chicago to dallas for a family reunion in their brand new airstream motorhome when a truck full of oranges from the florida floranges company plowed into their airstream, causing over $100,000 of damages to the motorhome. although no one was injured physically in the crash, the lomaches have come to you asking what they should do about the extensive damage to their airstream (not to mention the lingering citrus smell).

____ 4. april snow, a rising star in the pop music world, stomps into your office because a new artist, hybiscus slant, has come out with a song entitled “you’re my one and only glove,” which sounds exactly like april’s hit from last year, “you’re my one and only love.” she knows there are national copyright laws that protect songwriters against people copying their melodies and words, and she’s looking for your help.

____ 5. ted abel walks into your office and tells you his sad story. he had been trying to get to the local baseball field to catch the last innings of his son’s big game when he was pulled over for speeding. he was traveling 62 mph in a 45 - mile - an - hour zone. he also forgot to renew his license after his last birthday, so he was driving with an expired license.

Explanation:

1. This is a local contract dispute between private parties and a local builder, which falls under state court jurisdiction.
2. The crime involves counterfeiting U.S. currency, a federal offense investigated by the FBI, so it is a federal case.
3. This is a civil accident case that can be filed in state court, but since it involves parties from different states (Illinois and Florida) with damages over $75,000, it also qualifies for federal court under diversity jurisdiction, making it concurrent.
4. Copyright law is a federal statutory scheme, so claims of copyright infringement fall under federal jurisdiction.
5. Speeding and driving with an expired license are violations of state traffic laws, so this is a state case.

Answer:

1. (S) - Underline: "signed a contract with Shoddy & Sons, a local builder, and gave the company a $10,000 deposit. Shoddy & Sons failed to do any work on the project and won’t respond to Mr. Greene's phone calls, and the Greenes want their money back."
2. (F) - Underline: "her husband, Tom, was making fake $100 bills... She was arrested late last night by the F.B.I. and charged with the crime of knowingly using counterfeit bills."
3. (C) - Underline: "Debbie and Jim Lomach were driving from their home in Chicago to Dallas... a truck full of oranges from the Florida Floranges Company plowed into their Airstream, causing over $100,000 of damages to the motorhome."
4. (F) - Underline: "a new artist, Hybiscus Slant, has come out with a song entitled ‘You’re My One and Only Glove,’ which sounds exactly like April's hit from last year... She knows there are national copyright laws that protect songwriters against people copying their melodies and words"
5. (S) - Underline: "he was pulled over for speeding. He was traveling 62 mph in a 45-mile-an-hour zone. He also forgot to renew his license after his last birthday, so he was driving with an expired license."