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Case Study : Burger King V. Rudzewicz

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LAW 501 Session 1 Case Study Brian Rusche Colorado Christian University LAW 501 Session 1 Case Study Burger King v. Rudzewicz This case determined whether personal jurisdiction applied to a franchisee of Burger King restaurants, whose headquarters was in Miami, Florida, when the franchisee and his restaurant were in Drayton Plains, Michigan. The Supreme Court found that personal jurisdiction did apply, holding that “Jurisdiction is proper, however, where the contacts proximately result from actions by the defendant himself that create a “substantial connection” with the forum State” (Warner, 2012, p. 135). Further: Rudzewicz’ refusal to make the contractually required payments in Miami, and his continued use of Burger King’s…show more content…
No. Since Rudzewicz was not a citizen of Florida, he could not be expected to appear. “The different states requirement means that no plaintiff can have permanent residence in a state where any defendant has permanent residence – there must be complete diversity of citizenship as between all plaintiffs and defendants” (p. 97). I believe that the ruling of the court in this case is consistent with a Christian worldview, in so far as we are called to be a light even in places we do not choose for ourselves. Jeremiah speaks to the people in exile when he says “Build houses and settle down; plant gardens and eat what they produce” (Jeremiah 29:4) and “Also, seek the peace and prosperity of the city to which I have carried you into exile. Pray to the Lord for it, because if it prospers, you too will prosper” (Jeremiah 29:7 NIV). Kassel v. Consolidated Freightways Corp. This case is about whether a state law which prohibits using certain large vehicles on highways within Iowa burdens interstate commerce. The court found that “Because Iowa has imposed this burden without any significant countervailing safety interest, its statute violates the Commerce Clause” (Warner, 2012. P. 182). 1. Under the Constitution, what gives Iowa the right to make rules regarding the size or configuration of trucks upon highways within the state? The Constitution creates a “partnership” between the states and the federal government called federalism. “The Constitution is a document
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