i have filed a civil lawsuit in federal court
can i use 18 usc 1343 and 18 usa 1002 to dtermine juridiction in federal court
my friend purchased a franchise from franchise show in seoul korea
thsi individual said he has exclusive rights to sell franchise.
he bought one and came to usa to take over the franchise there was no shoe store
the cost of franchise was $239,000.00
yes he lives in state of georgia
in georgia too
Okay, then your friend cannot sue in federal court. He/she must sue in Georgia Superior Court. There is no diversity jurisdiction, because both plaintiff and defendant reside in the same jurisdiction. And, there is no federal question jurisdiction, because none of the fraud-related criminal statutes provide authority for a federal action. See, e.g., Oppenheim v. Sterling, 368 F.2d 516, 518-19 (10th Cir. 1966), cert. denied, 386 U.S. 1011 (1967) (mail fraud criminal statute does not provide a private cause of action under federal law). There is also no private right of action under the Federal Trade Commission "Franchise Rule." See, e.g., Holloway v. Bristol-Meyers Corp., 485 F.2d 986 (D.C. Cir. 1973) (no implied private right of action under the FTC Act); Days Inn of Am. Franchising, Inc., v. Windham, 699 F. Supp. 1581 (N.D. Ga. 1988) (no private right of action exists to enforce the Franchise Rule).Hope this helps.
can you help me with drafting civil suit in state court
the court wont help told me to research my self to draft one
tell me where to serch pls
this is frustrating
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).