In-flight Aircraft Jurisdiction – Legal Research

In-flight Aircraft Jurisdiction – Legal Research

Learn By Doing: Week 3 Discussion Assignment 
 
Part I: 
 
Assume you are a paralegal, and your managing attorney has tasked you to research the following fact pattern.
 
The firm’s client, who lives in Birmingham, Alabama, and is a frequent flyer with several airlines, was flying from Birmingham, Alabama, to New York on a direct flight to a New York Mets game. During the flight, the client attempted to use the restroom. When he opened the bathroom door, he interrupted a man on the toilet, sparking a violent confrontation between the client and the man. During the commotion, your firm’s client and the man initially using the bathroom threw punches. When the plane lands, the police charge your client with assault in New York. 
However, your firm’s client believes that Alabama or the law of the state over which the plane was flying when the fight occurred. According to the flight records, the aircraft was flying over Tennessee or Alabama when the flight occurred.
Please provide your assigning attorney with research to support her advice to the client about which court should hear this matter. Where should this case be filed? Which court possesses subject matter and personal jurisdiction as well as venue?  
 
Part II
 
If a senior partner in a law firm asked you to locate a case and did not provide you with the name but only a few facts concerning the law or the case, how would you find such a case? 
 
All Students: To answer Part I, please use Nexis Uni or another legal database to locate a recent case that has addressed a similar situation to that posed by your assigned fact pattern. 
 
Remember to do both Parts I and II. 
 
NOTE:  I’ve attached one example that seemed adequate.  Doesn’t necessarily need to be a letter like this, but the research is spot on.  Bluebook Citations
 
Venue Above the Clouds: Prosecuting In-Flight Crimes By Creating A “High Skies” Law

 
 
 
 
 

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