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You are a research clerk for the Law Firm of Smith and Jones. Bob, a good client has a problem and needs some advice. Senior Partner Al Smith asks you to do the research, prepare a research memorandum and a letter ot the client for Al Smith to sign.
Bob, who lives in Los Angeles California, is a very generous person. Two months ago, he loaned $500.00 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything.
Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid.
Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California.
Research the state and federal court system for California. Determine the names and levels of the state and federal trial court and appellate court(s) in California. Determine the amount in controversy limit for each court level. How many federal district courts are in California? Research what federal Circuit Court of Appeals has jurisdiction in California.
Part 1
Based upon your research of the courts in California and in the federal system, prepare a memorandum of law addressed to the Senior Partner explaining the finding of your research. Your Memorandum should include: 1) an overview of the state and federal courts in California, 2) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 3) why Bob should file his lawsuits in a particular court or courts, and 4) in which courts Bob must represent himself and in which courts he may be represented by an attorney.
Part 2
Write a letter to Bob for Al Smith’s signature explaining the finding of your research. Your letter should include: 1) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 2) an overview of the state and federal courts in California, and 3) in which courts Bob must represent himself and in which courts he may be represented by an attorney.
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