Question & Answer: Please read the case, I need the answer if I represent Bento Cuisine, I need to prepare a written…..

Please read the case, I need the answer if I represent Bento Cuisine, I need to prepare a written outline in support of opposing Rico’s motion claiming that the federal court has jurisdiction over the dispute. Thank you in advance.

Court Procedures. Bento Cuisine is a lunch-cart business. It occupies a street corner in Texarkana, a city that straddles the border of Arkansas and Texas. Across the street-and across the state line, which runs down the middle of the street-is Ricos Tacos. The two businesses compete for customers. Recently, Bento has begun to suspect that Ricos is engaging in competitive behavior that is illegal. Bentos manager overheard several of Ricos employees discussing these competitive tactics while on a break at a nearby Starbucks. Bento files a lawsuit against Ricos in a federal court based on diversity jurisdiction. (a) The first group will discuss whether Ricos could file a motion claiming that the federal court lacks jurisdiction over this dispute (b) The second group will assume that the case goes to trial. Bento believes that it has both the law and the facts on its side. Nevertheless, at the end of the trial, the jury decides against Bento, and the judge issues a ruling in favor of Ricos. If Bento is unwilling to accept this result, what are its options? (c) As discussed in this chapter, hearsay is literally what a witness says he or she heard another person say. A third group will decide whether Bentos manager can testify about what he heard some of Ricos employees say to one another while at a coffee shop. This group will also discuss what makes the admissibility of hearsay evidence potentially unethical.

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Court Procedures. Bento Cuisine is a lunch-cart business. It occupies a street corner in Texarkana, a city that straddles the border of Arkansas and Texas. Across the street-and across the state line, which runs down the middle of the street-is Rico’s Tacos. The two businesses compete for customers. Recently, Bento has begun to suspect that Rico’s is engaging in competitive behavior that is illegal. Bento’s manager overheard several of Ricos employees discussing these competitive tactics while on a break at a nearby Starbucks. Bento files a lawsuit against Rico’s in a federal court based on diversity jurisdiction. (a) The first group will discuss whether Rico’s could file a motion claiming that the federal court lacks jurisdiction over this dispute (b) The second group will assume that the case goes to trial. Bento believes that it has both the law and the facts on its side. Nevertheless, at the end of the trial, the jury decides against Bento, and the judge issues a ruling in favor of Rico’s. If Bento is unwilling to accept this result, what are its options? (c) As discussed in this chapter, hearsay is literally what a witness says he or she heard another person say. A third group will decide whether Bento’s manager can testify about what he heard some of Rico’s employees say to one another while at a coffee shop. This group will also discuss what makes the admissibility of hearsay evidence potentially unethical.

Expert Answer

Under 28 U.S. Code § 1332 – Diversity of citizenship Federal courts can hear cases that involve dispute between citizens between different states. Also, federal courts can hear cases that involve federal laws such as anti-trust law which in this case is apparent as the Bento is claiming anti-competitive practice.

Note that: There is one more provision that says that if the amount in controversy is greater than $75,000, federal courts can hear the case.

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