CASE PROBLEM Sam lives in Lincoln Nebraska and visited Denve

CASE PROBLEM: Sam lives in Lincoln, Nebraska and visited Denver, Colorado to attend a Avalanche game. While exiting the parking lot at the game, in Denver County, Sam negligently hits Diana, a Colorado resident, with his car, and caused serious harm to Diana. Diana files suit against Sam in Denver District Court. You are the attorney representing Sam. Answer the following questions 1) Can you get the case out of Colorado? Why or why not? 2) can you get the case out of Denver District Court, and if so, how and on what legal basis? Explain in detail with 150-250 words.

Solution

1.

Yes, as Sam is from Lincoln, Nebraska he has every right to get the case to Nebraska from Colorado where the incident took place, but as Diana is from Colorado there is a chance of biased decision making and as per the federal system of courts, if there are two parties from different states and they are not comfortable with either party\'s state court /District court, then it can be taken out to the Federal court.

As federal court is more rightful authority to give a ruling without any bias and hence it can be appealed and transferred to the federal court from Colorado.

2.

Though in general the state laws apply and asper that, the land where the offence took place should be the state to handle the criminal cases. So in general Denver District court is the correct authority. But as here the person involved is from another state, Sam from Nebraska the federal nature of the crime is depicted and it can be contested that the person would not get fair trial and as per the Federal jurisdiction the case can be transferred to federal court if any of the party appeals for it.

And so, here there are involvement of multiple state laws and rights for the citizens and hence federal court is the right authority to handle the case.