Legal System Identification
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Please first help me understand what easement is. I have looked up the definition, but still have trouble understanding what it means.
Your team is working as a legal team in a mid-size law firm. Your supervisor, a partner in the firm,
has been approached by Mr. Al Jones, a land developer and very important client, with the
following legal situation:
Mr. Jones's projects include some of the largest residential subdivisions within the City. While Mr.
Jones' business was developing the infrastructure of its newest and largest subdivision, the City
discovered an easement for a city utility line on the subdivision that did not belong to Mr. Jones.
The owner of the property where the utility easement is located also discovered the error. The
City is threatening to close down the subdivision and Mr. Jones's business, and is threatening to
sue Mr. Jones for fraud against a municipality. The adjacent property owner is also threatening to
sue the client for damages to his property and for trespassing. The adjacent property owner is a
citizen of Switzerland.
b. Your supervisor wants your legal team to identify and analyze the client's legal situation describe how the law
firm can help.
The partner wants your legal team to address each of the following:
1) Describe the state and/or federal court(s) that can review and resolve the situation. (Please address the possibility of international court considering that the other property owner is from Switzerland)
2) The court(s) that may have jurisdiction over the situation. Please Explain.
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The legal situation is that Al Jones has trespassed on an easement (a utility line). Jones, the City, nor the neighbor knew of its existence. The City and the neighbor have the right of easement through the property that Al Jones is developing and both have threatened legal action against Jones. The City has threatened to close down the subdivision and close down the business of Mr. Jones, as well as sue Al Jones for fraud.
There are two legal problems that may come up. The first is the threat by the municipality to close Mr. Jones's business and to sue him for fraud and the second is the threat by the neighbor to sue Mr. Jones for trespassing and damages.
As far as the City is concerned, the owner did not know of the existence of the easement and in error he has handed over the project to Mr. Jones. The City can allow Mr. Jones to complete his project provided he does not disturb the utility line any ...
Education
- BSc , University of Calcutta
- MBA, Eastern Institute for Integrated Learning in Management
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