Personal Jurisdiction Case Study

Subject matter jurisdiction allows a court the authority to only hear case that are in regards to a specific topic. Although restrictive in its ability to hear cases based on the topic, subject matter jurisdiction can specialize in a specific case type. Courts such as tax, federal claims and bankruptcy are examples courts which have subject matter jurisdiction.

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two

Donald Margolin is defendant and Novelty Now Inc is the plaintiff. In this specific court case, New York doesn’t have the jurisdiction to take the case because the three men (Chris, Matt, and Ian) which are contracted through Novelty Now Inc. states that the suit before them has to be settled in Florida. Although this would only stand if the defendant has never had any business with anyone in the state of Florida per personal jurisdiction. Personal jurisdiction is the power of a court to hear and determine a lawsuit involving a defendant’s having some contact with the place where the court is located (Per, 2008).

The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, “Subject-matter jurisdiction determines which court system may hear a particular case” (Kubasek, pg.44, 2009). Novelty One’s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

2. The state or federal court that the case is being held and the judge that is writing the decision

9. What are specialized courts? What role might they play in the future of court processing moving forward? According to Quinn, what are some of the pros and cons of specialized courts? Specialty Courts are problem-solving court sessions which provide court-supervised probation and mandated treatment focused on treating the mental health or substance abuse issues underlying criminal behavior.

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.

Ethics are integral in the 21st century due to the evolution of business, technology, and government oversight. There is a legal responsibility to do what is right by the customer – if you produce a product knowing that there is a high risk of harm to the consumer, you will be eventually be found out, prosecuted, and held liable.

Personal jurisdiction is the power of a court over the parties in the case. Before a court can exercise power over a party, the constitution requires that the party has certain minimum contacts with the forum in which the court sits. Due to the parties involved had contact through the use of the internet, Margolin’s lawsuit against Funny Face and Novelty will have jurisdiction over them. Mr. Margolin could use these grounds to file suit and get compensation.

This case was heard in the Victorian Supreme Court. This court is able to exercise original jurisdiction in all criminal matters. Original jurisdiction refers to the Victorian Supreme Court’s authority to hear and determine serious criminal cases for the very first time. Furthermore the Victorian Supreme can appeal criminal cases from lower courts and hear or appeal civil cases.

&his would not apply as the plainti' lives in New (ork. $owever" the long)arm statute could be enacted to gain jurisdiction over Funny Face who originates out of California *+ubasek" p. ,-./ubject matter jurisdiction refers to the nature of the claim or controversy. /ubject matter jurisdiction is the power of a court to hear particular types of cases. Federal courts deal with admiralty" bankruptcy" disputes of state against state" disputes against the 0./." disputes of federal law" etc. None of these categories apply. 1 diversity)of)citi2enship case must meet both re#uirements that the plainti' does not livein the same state as the defendant" and the case controversy issues cannot e!ceed 345"666. &his could apply as both parties reside in di'erent states" and if there is a product safety concern" medical costs and damages could easily e!ceed 345"666 *+ubasek" p. ,,.7inimum contacts is the contact re#uired between a party and a state in order for the courts of that state to constitutionally assert power

Diversity jurisdiction and federal question jurisdiction are the two most common and the most important. One of the primary reasoning for diversity jurisdiction is to prevent state courts from being potentially biased when the two suing parties reside in different states and the hearing is in a state that could be favorable for the in-state party. Diversity jurisdiction occurs when the case involves parties are from different states and the disputed amount exceeds $75,000. Federal question jurisdiction would exist when a basic portion so the plaintiff’s case involves a part of the Constitution, laws, or treaties for the United States. For example, a plaintiff is suing a police department over mistreatment due to race or sex. (Mallor, 2016, p. 35). More information can be found at

Well jurisdiction is the the right, power, or authority to administer justice by hearing and determining controversies while venue is the place where the suit is filed. In another term, venue decides the locality of a suit. Venue can be any region such as a country or a district or a town or a city. The difference is that jurisdiction is there is 3 types of jurisdiction for example, personal jurisdiction, subject matter jurisdiction, and territorial jurisdiction which can give the person the right to take action in court while venue is just the location where the crime took place at and where you will be trialed.