Holdings in Business Law
Question 1
i. Holdings is the point of law which are made by the decision of the court in the resolution of legal controversy that becomes precedent, while dictum refers court’s comments, which is not stated on the precedent-setting and may pertain to personal opinion of the court but not part of point of law. Even though dictum can be used to support arguments in court cases, but can not be used to support decision, the holding or precedent is the official controlling dynamic in the ruling of the cases.
ii. Holding can not be wider in scope than precedent, since it portrays the face of the law that is constant in every court in spite of the different rulings; however, it can be statedat a high level of generality for the rule of law to be applied to other cases.
iii. In the stare decisis doctrine, only a point of law essentially decided in a reported judicial opinion is binding on other courts as precedent; however, under dictum, the judicial expressions employed usually have no value as precedents since they do not fit the facts of the case.
Question 2
Case: “St. James Apartments, LLC v. Coinmach Corporation”
Issues: Does James Nuckel who is the Plaintiff hold any right to claim that Florida is his actual state of residency despite filling a business address in New Jersey?
Facts: The case involves a controversy over the validity and execution of a particular rental agreement that existed between the Defendant and Plaintiffs. The Plaintiff is St. James Apartment and the Defendant is Coinmach Corporation, LLC, Jasontown Apartments and Hackensack Associates, LLC, James Nuckel who is the three Plaintiffs sole member. Mr. Nuckels’ state residency citizenship is in question.
Rule of Law: United States of America law states that a person is considered a citizen of any state that he or she is domiciled. The court reflects on factors such as payment of personal taxes, the house of residence, the exercise of political rights, and the location of the business.
Reasoning: In this case, Mr. Nuckel is a citizen of Florida since his certification meets all the demands of a domiciled person.
Holding: Mr. Nuckel has a citizenship of Florida, the motion of dismissing him by the Defendant is denied.
Question 3
i. The basis for federal jurisdiction in this case was diversity, which helped in the application of the substantive law of the state that it sits on 304 U.S 64.
ii. In this case, Erie Doctrine, extended to the principle of choice of law, which required the court to apply the rules of conflict of the forum state. Thus, the federal court sitting in Indiana had to abide by the choice and conflict of laws rule in Indiana since it was the place where the injury happened.
Question 4
i. Remittitur purpose is to cut back excess awards offered by the jury under the directive of the trial court.
ii. The court order required the plaintiff to take 30 days from the period when the order was given to either accept or refuse to receive the remitted damages award of 5,491,503.65. However, if the complainant rejects it, then the court will have to order a new trial.
iii. Factors that would influence the complainant in making that decision:
a. Financial need: The amount is reasonable, thus, the plaintiff will have to consider if they need the money to support Turners’ parents immediately or wait for the case to take long before assisting the family members.
b. Where the liability rests: Court cases are usually unpredictable; hence, the plaintiff will have to consider whether they will win or lose in a new trial.
c. The timeline: Court cases usually take long for a verdict to be reached, thus, he will have to consider whether he wants the case to be done with or drag along for some years.
d. The strength of the case: Basically, in a court of law, there is no guarantee of winning. Even cases that have substantial evidence sometimes lose their cases. Thus, the plaintiff will have to look into this carefully through consultation from attorneys and family members.
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