must give 5 days notice of eviction, can go to court if you wantto appeal it.
Coming up with the mechanisms to enforce substantive law.
You fail to pay rent; landlord must follow law before he can evict you.
Must give tenant 5 days notice of eviction
If tenant doesn’t comply, land
lord goes to court
Landlord must follow procedure before evicting tenant!Supreme Court
Just because you appeal a case to USSC, doesn’t mean you’ll be granted
If court wants to hear your case, they’ll grant you
writ of certiorari
Then you appeal to Appellant Court
If you lose again and appeal to USSC, there is only about a 2% chance that theywill hear your case.
Notions of inferior courts
available under state.
In Baton Rouge, city court hears cases of $20,000 or less.
Less than $3,000: pay a $100 fee & bring your case to court (small claims division) but
you don’t bring lawyer; usually resolved within 90 days.
Justice of the Peace Court: take place in Justice
of the Peace’s office, not in court.
Another small court can be in retail location or mobile home, etc.
Patent lawsuits, tax disputes, bankruptcy files -> Federal Court
Succession of deceased, property disputes, etc. -> State Court
Concurrent Jurisdiction = authority of more than one court to hear the same case
look at calls of question; why is lawsuit being filed; anythingthat has origins in federal law falls under this; cases ruse under Federal law,cause of action rises under federal law.
Diversity of Citizenship
parties from different states; if you have plaintiff fromLA suing defendant from Texas.
If you have numerous defendants from TX, OH, & UT---still have it
If any 1 defendant from same state as LA, then you have diversity issues
If plaintiff from LA sues Defendant from TX
With corporation ask: where articles of corporation are filed & wheredoes corporation do principal amount of work. (principle place of business)
***Corporation: (can be in 2 different states)
Where are articles in corporation found?
Where does corporation do principle of their business (principle place of business)
the case has to be worth more than this to be in Diversity of citizenship
Case 3-1 White v. FCI, USA, INC.
Asking to move case from State to Federal court based on diversity jurisdiction.