Power and Jurisdictional Authority Essay Example | Topics and Well Written Essays - 500 words

Power and Jurisdictional Authority - Essay Example A ‘motion to reconsider’ may be filed with the existing court of record (in Nevada†¦there does not exist an Appellate or Intermediate Court) but, assuming the complaint that a litigant offers to the court post-trial (judicial finding) is new, as in â€Å"overlooked†, and part of the original ‘court record’, a ‘motion to reconsider is allowed in post-trial brief or ‘compelling new evidence’ with respect to a motion. If the company that I am litigating against conducts any business across state lines the potential to file the case in the 9th Federal District Court may be in order. This filing with the 9th District is allowable if the business in question conducts its particular business affairs beyond state boundaries. This ‘Interstate Business’ may be deemed as ‘Federal’ using the Commerce Act (Commerce Clause/Sherman Act) (U.S. vs Lopez) or any other associated â€Å"Interstate† activity. Federa l Magistrate Court (the first level of federal appeal) would not be an allowable Court for appeal because the sum of the amount being litigated-$1,000,000- is more than the ceiling price amount allowable by law for a Magistrate Court ($10,000.00). The 9th Federal District Court would be the proper venue of choice (if the case is considered federal) for this complaint. The â€Å"nature† of diversity jurisdiction is much more complicated than the cross-border civil matter implies (two people from different states in a car wreck). Diversity jurisdiction, according to Federal Rules of Civil Procedure, insists that a Federal Court may be the venue of choice legally of this case; but not because two people from different states are involved. the Federal venue is limited with respect to State Laws of the competing states. A federal court might ‘house’ the proceedings but the federal rulings cannot extend beyond the parameters of the two state’s laws according to diversity