Posted: 6/1/2010 10:28:56 AM EDT
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Jim and Bill (Who reside in state A) travel to state B
Jim Assualts Bill in State B Bill Sues Jim for assualt What state could Bill file suit in State B-Thats the location where the altercation occured, even though neither particpant resides in that state. Technically violated this states law by committing the assualt. State A-Both Parties reside here, this state governs their "property" and taxes them. Arfcom lawyers opinion is appreciated. |
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The suit can occur in State A or State B depending on the laws of each. State A has general jurisdiction over both parties as they are residents. State B may or may not allow a litigant to exercise the state's jurisdiction over the parties.
The reason that this is not the best answer: The lawsuit would occur where the offense occurred. is that the OP appears to be discussing a civil action, and the civil action is not an "offense" but rather a cause of action and therefore follows different jurisdictional rules than a criminal offense.
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The answer could depend on the long arm jurisdiction statutes of each state. Generally, JDX lies where the action occurs however as they're both residents of the same state, you could likely bring an action in the home state. Venue may also be an issue.
You could not seek relief in federal district court as you don't have diversity jurisdiction and likely don't have damages in excess of $75,000 since you're seeking arfcom input. If you would like to seek relief in the home state, try to tie it to another cause of action, (i.e., harassment, intentional infliction of emotional distress, etc.) that took place in the home state to create another connection to that jurisdiction. Let's also take a moment to discuss civil law. In civil law, assault means causing apprehension of immediate bodily harm or offensive touching. Battery means an unwelcome and offensive touching. I'm guessing, that you, like many, are confusing the two. You may want to sue for assault, battery, or both. Further, a civil action based on assault and/or battery is generally based on the common law, not relief provided by statute. A civil action for assault and/or battery isn't based on a violation of law per se. This is distinct from criminal law. Oh and not a lawyer, not advice, just some half asleep idiot on the internet. |
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Quoted:
Either state, but if they sue in the state of residence instead of the state where it occured, which state's law applies. Can the defendant try to take advantage of better self defense laws in the state where the assault occurred? Why are you bringing a civil action in a criminal case? The prosecutor is paid with tax dollars. File a complaint were the assault occurred. |
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Quoted: Quoted: Either state, but if they sue in the state of residence instead of the state where it occured, which state's law applies. Can the defendant try to take advantage of better self defense laws in the state where the assault occurred? Why are you bringing a civil action in a criminal case? The prosecutor is paid with tax dollars. File a complaint were the assault occurred. He's talking about a civil action, not a criminal action. |