Business Writing
Response to Case Study One
Mac should file the cases in the Colorado Federal Court. In the entire United States, trespass is guided by Tort Law, which provides rights to property owners to file Civil Suits in a Federal Court. The trespasser is usually required to pay or recover any damage that might have occurred. In the perspective of a Tort action, the plaintiff is usually required to provide proof that indeed the trespasser or the offender had intentionally violated their rights i.e. privacy rights et cetera.
In Colorado, offenses committed in the dimension of trespass are guided by Title 18 of the Criminal Code, Article 4 Part 5. In the case of Mac, the trespass does not indicate that the neighbor had intentions of committing damage or any act of crime. In this regard, the Title 18 of Colorado Criminal Code categorizes the crime as ‘Second Degree Criminal Trespass’, indicating that: A Second Degree Criminal Trespass occurs when an individual commits second degree trespass crime in an event that they illegally access or remain on another person’s premises which are closed or excluded from other users. Second Degree Trespass crime is also committed when an individual intentionally and illegally enters an entertainment area such as hotels, condominium or even an apartment. The Title 18 of Colorado Criminal Code classifies Second Degree Trespass as a category three misdemeanor. The federal court is thus under the jurisdiction to punish the defendant if found guilty of a misdemeanor of under serious circumstances it can be considered a felony. In the view of the jurisdiction, the charges should be pressed at the Federal level, and when the defendant is not satisfied with the decision of the federal court, then they are at liberty to assume an appellant status in the Supreme Court to challenge the outcome of the case.
2. The housing leasing laws place certain obligations on the landlord and the tenant that gives them the right to take legal proceedings against the tenant even if they have changed the location. Given the case, the statement below describes the court with jurisdiction over the defendant.
The landlord, in this case, has the right to legal proceedings over the defendant in the nearest court or a court of their choice. However, the jurisdiction both the Nebraska and Ohio courts have the jurisdiction over the defendant. In this view, the defendant can be tried in Nebraska but under the leasing laws if there is a judicial similarity in both the circumstances of the presented in the charge. However, if the offense upon which the defendant is charged is not permissible in Nebraska, then the defendant must take to the dock in Ohio. Depending on the charges laid against the defendant, both Ohio and Nebraska courts have the jurisdiction over the defendant.
When the summary judgment is available
Summary judgment occurs in situations when there is the indisputable factual agreement between the plaintiff and the defendant. In the view of summary judgment, a case is terminated upon reaching agreement on specific disputable facts or arguments that can offer different versions that favor all of them. In this, both the parties present their versions of the case facts. One can argue that regardless of the truth in the case presented by the other, the arguments can still offer a legal advantage to all of them. It thus presents a legal complexity about the case as the defendant can dispute the plaintiff’s case based on facts that also favor the plaintiff. The judge after reviewing the facts can then decide that the case is settled outside the courts. Therefore, the case provides no real chance of success to the defendant. Under some cases, the judge might find no compelling reason to take the case to trial.
