Exercise 16
This exercise is about magistrate court jurisdiction in a tort case.
Nick writes a letter to the newspaper falsely calling Peter, a local businessman, a con artist who has cheated hundreds of old ladies out of their life savings. Peter sues in magistrate court for defamation of character.
What should the court do?
- A. The magistrate court must dismiss the case without prejudice because it does not have jurisdiction over libel, slander or defamation claims.
- A is correct. Magistrate courts are denied jurisdiction over these cases by statute. No ruling by a magistrate judge in a defamation case would be enforceable. The case should be dismissed without prejudice to allow the plaintiff to sue in district court. Dismissal with prejudice would be inappropriate in these circumstances.
- B. The conduct of Nick is so offensive that the magistrate should hear the case to put a stop to this outrage.
- Sorry, but that's not the correct answer. Please select another.
- C. The magistrate court should dismiss the case with prejudice because it was filed in the wrong court.
- Sorry, but that's not the correct answer. Please select another.