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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.