Name: Gilbert D. Valenzuela
Student ID#: 0185354
E-mail: thevintexas@me.com or thevintexas@students.tesc.edu
College and semester: TESC/September 2014
Course code: Bus.Law-201-GS
Assignment #1
Stan, you have a right to take James to court as he is not honoring the contract between you two. You must understand that this particular case, if it where to go to court, would fall under legal jurisdiction in Virginia state court or if you choose, Federal District Court, provided the job to paint the house had a dollar amount of 75,000 dollars or more. In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. Since James (the Defendant) has a business in the state, and the lawsuit is about a product that the defendant sold in the state, the jurisdiction will be in Virginia. Also remember that something the defendant did in the state that had a predictable and harmful effect in the state where the lawsuit is brought should also be considered. However, since James is a “citizen” of another state (Maryland) you maybe able to bring it to a federal court. However if you (the Plaintiff) choose to bring your complaint to a state court, James has the right to elevate it to federal if he feels this is warranted. Although Federal courts normally deal with subject matter involving “Federal Question” your situation falls under the Diversity of citizenship lawsuit. This is because James is not a resident of the state of Virginia. This is in place because the federal court is considered to be the neutral territory for suit between citizens of different states. It dates back to a time where courts in one state would be prejudiced against litigants from other states so to prevent this practice this alternative was provided. If it were moved to federal court, it would still use the laws from the state of Virginia. I would also advise you that you could sue James for breach of contract failure of a party (not having a valid legal excuse) to perform in accordance with a promise made. I would ask you, Stan, if you had a forum-selection clause in the contract? This would enable you to sue based on a designated states’ law or country’s law that will be applied in any dispute concerning nonperformance of the contract. I will let you know Stan that you may sue James for any expenses and damages incurred, or may sue to force James to perform the agreed upon job of painting your home in Virginia. Although it has been 3 months since the original agreement between you and James In regards to the statute of limitation, although it has been 3 months since the original agreement it does not apply as you are well within the time frame to file suit. The time periods vary from state to state, but the usual period for breach of contract lawsuits is one to five years. This allows a quick close because the use of the court system to resolve business and other disputes can take years and cost thousands of dollars in legal fees and expenses. Optionally Stan you could seek an alternative resolution (ADR) or other means to solve the dispute. I believe that in this case example it
