Question

Smith, a resident of Florida, is driving a car in Arkansas. Smith strikes and injures a car driven by Jones, a resident of Arkansas, causing more than $75,000 in damages. Can Jones's attorney file the claim in Federal Court based upon Diversity of Citizenship?

1) Yes
2) No

Answer 1

Jones's attorney can file in Federal Court due to diversity of citizenship, with Smith from Florida and Jones from Arkansas, and damages exceeding $75,000.

The correct option is 1.

Step-by-step explanation:

Yes, Jones's attorney can file the claim in Federal Court based upon Diversity of Citizenship. Federal courts have the authority to hear cases that involve diversity of citizenship, which means that the parties are from two different states. In this case, Smith is a resident of Florida, and Jones is a resident of Arkansas.

Additionally, since the damages in the accident exceeded $75,000, it meets the jurisdictional threshold for federal court consideration on the basis of diversity jurisdiction. Therefore, this case fits the criteria for a federal court to hear it because it involves interstate matters and satisfies the monetary requirement.

The correct option is 1.