Law Case Study

Minimum contact establishes an appropriateness for one state to assert its jurisdiction on a person or business in another state. When evaluating the facts of the case presented, it

“This purposeful availment requirement assures that a defendant will not be haled into a jurisdiction as a result of ‘the unilateral activity of another person or a third person.’” Id. (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). Additionally, the activities also need to be foreseeable such that, “the defendant’s conduct and connection with the forum state are such that he should reasonably anticipate being haled into court there.” Burger King Corp. v. Rudzewicz, 105 S. Ct. 2174, 2183 (1985).

Personal jurisdiction isn’t the only thing that the courts will look at it. They will also look at minimum contacts. Minimum contact is a nonresident defendant with the forum state that is sufficient for jurisdiction over the defendant to be proper. A lack of minimum contacts violates the nonresident defendant’s constitutional right to due process and “offends traditional notions of fair play and substantial justice” (Inm, 1992) (Min, 2001-2016).

The court decided to overthrow the defendant Mark Steverson's motion to quash stating that California is allowed to have personal authority over this case since an out-of-state law firm who hired an attorney licensed only in the State of California worked for its citizens under its government and jurisdiction. The defendant was unsuccessful in proving any compulsory action that would overthrow the power of personal jurisdiction for California and instead ruled in favor for Shawn Simons.

In West Corp. v. Superior Court, 116 Cal. App. 4th 1167 (Cal. App. 4th Dist. 2004), a California resident, Patricia Sanford, filed a class action complaint against West Corporation and WTC (a subsidiary of West Corp.), telemarketing firms organized in Delaware and headquartered in Nebraska, alleging causes of action for: (1) violation of the consumers legal remedies act; (2) unlawful, fraudulent, and unfair business practices; (3) untrue and/or dishonest advertising; (4) conversion; (5) unjust enrichment; (6) fraud and deceit; and (7) negligent misrepresentation. Essentially, one of West’s telemarketers had misrepresented a product during a sales pitch in which the caller (Sanford) had purchased the product over the phone. West claims that the California court could not assert personal jurisdiction over them because they did not maintain any offices or employees in California, was not licensed to do business in California, nor did they own any property located in California. Moreover, West motioned the court to quash the service of summons; however, the court denied the request and ruled that the court was authorized to assert personal jurisdiction over their corporation.

Ms. Petrillo was so traumatized by her pastoral counselor’s conduct that she relocated to Madison, Wisconsin, where she established a new domicile and from where she has no intent to depart in any definite measure of time. The Court should deny the defendants’ motion to dismiss Ms. Petrillo’s case for lack of subject matter jurisdiction because Ms. Petrillo has her domicile in Wisconsin and each defendant has its domicile in Alabama. When there is complete diversity among the parties, a federal court may hear their case. 28 U.S.C.A § 1332(a) (West 2011). “Diversity” refers to the parties’ domiciles; if opposing parties are domiciled in different states, there is complete diversity among the parties. Mas v. Perry, 489 F.2d 1396, 1399 (5th

Jurisdiction refers to a courts power over property within its geographical boundaries. The court cannot use jurisdiction unless the defendant has minimum contacts within the state where the court is located. Minimum contacts is legal term for a defendant from one state that can be taken to court in another state for a civil case due to the defendant's unlawful actions, which was committed in the state where the court exist. Minimum contact requirements are associated with the Fourteenth Amendment right of due process. Most case are resolved on a case by case basis after a consideration of all the facts. A decision on jurisdiction may depend on one or more different factors not present on other cases.

Jurisdiction inquiries rely on issue of whether matters in the suit had sufficient involvement with navigable waters – the maritime nexus.

Legal counsel should file a motion for improper venue arguing that Massachusetts is not the proper venue for this case to be heard. Venue refers to the proper judicial district in which to bring an action. It is based on where a substantial part of the events given rise to the cause of action occurred, or where the defendant may be found. Here, the contract between Arrows and Rast that gave rise to the current dispute was signed in Texas. Likewise, the defendant Arrows is located in Texas along with any potential

Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence (a state law civil suit).  Jim argues that the case should be dismissed for a lack of subject matter jurisdiction.  Is he right?

Subject matter jurisdiction is the authority that the court may have to hear cases of a particular type or cases relating to a specific subject matter. Under federal and state jurisdictions, Mr. Margolin could file a lawsuit against Funny Face and Novelty for the negligence committed by the company by having a chemical that was not approved by the FDA in their aftershave. He could suit them to seek medical cost and compensation for the skin discoloration that he suffered.

established four ways to attain general jurisdiction: 1) the defendant’s presence in the forum state, including corporations, 2) if the defendant is a domicile of the forum state, 3) if the defendant consented to being sued in the forum state, and 4) Quasi in Rem (the suit of the thing), where

In this case, the victims of the cyber-scam are all residents within the state of Delaware. As such, there should be no dispute about the state of Delaware as the primary venue for court proceedings. However, if there is a dispute about which venue to use within the state of Delaware, a forum selection clause may be employed to solve the dispute. If the defense feel that a venue is unfair towards their client, a contract known as a forum selection clause can be used to come to an agreement about a local venue (Craig,

Constitutional Law is the law as expressed in the U.S. Constitution and the state constitutions. The U.S. Constitution is the supreme law of the land. State constitutions are supreme within state borders to the extent that they do not violate a clause of the U.S. Constitution or a federal law (Clarkson, Miller, Cross, p.6 2015.) If I would go with this and look at the problem case I would say the case would get dismissed. I would say this because U.S. Constitution is the supreme law of the land not the states. Under Stare Decisis I still feel it would get dismissed because of the fact that they filed suit in California and I “forum—selection” clause in its member agreement that designates Virginia courts as the place where member disputes will

According to dictionary.com, jurisdiction is "the right, power, or authority to administer justice by hearing and determining controversies" (dictionary.com, n.d.). An example of jurisdiction would be the courts of limited jurisdiction which is where small cases and criminal disputes that involves small amounts of money is decided. Also, subject-matter jurisdiction and in personam jurisdiction are another type of jurisdiction. According to our textbook, subject-matter jurisdiction is "a court's power to decide the type of dispute involved in the case" (Mallory et al, 2016). In personam jurisdiction is "based on residence, location, or activities of the defendant" (Mallory et al, 2016). So, a state court would have in personam jurisdiction over a defendant who are citizens of the state, who consents to court's authority or who are within states borders when the process is served on them (Mallory et al, 2016).