Civil Matters

Essay by CharNarUniversity, Master's March 2009

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A civil matter that is brought to the attention of a limited jurisdiction trial court has a chance of being successful as long as the plaintiffs has standing to sue. It is also possible depending on the dollar amount that this case could be seen in a general jurisdiction court. In such case Mr. Jones is being sued by the city as well as the owner of the adjacent property. The plaintiffs must demonstrate that they were in some way harmed by the actions of Mr. Jones or the case could be dismissed. The long-arm statue will apply to the adjacent property owner because he is from Switzerland. When the plaintiffs files a complaint with the courts and all of the facts of the case are spelled out in the compliant, the proceedings can be successful as long as Mr. Jones does not file a cross-complaint. At this point the plaintiffs becomes the cross-defendant.

Mr. Jones should be able to file a cross complaint if the easement was done by a contractor, another company or possilbly another resident of the subdivision. It is difficult to analyze the success of a court proceeding when a cross-complaint is filed. As long as there are no other parties that exist that have a vested interest in this civil matter the case should continue with success. For the consideration of the court, whether or not the statue of limitation has ran out will also determine success in this civil case. Fact-finding is not a common practice in a civil matters, because of the time and money that it would take to handle the research, but in this case if there is any inclination that Mr. Jones is not responsible for the action then fact-finding is neccassery for him to come out victorious. Depending...