The Internet World That E Commerce Ventures Have Multiplied Tremendously Bringing Forth Cross Border Internet Disputes

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

There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts

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

Feedback: Questions of federal law and diversity between different states and citizens of different states are within the jurisdiction of Federal courts. State tort cases between citizens of the SAME state are restricted to state court.

Miller, R. L. R., Cross, F. B., & Jentz, G. A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.

*The concept of supplemental Jurisdiction grows in complexity once we recognize that the Federal Rules of Civil Procedure contemplate lawsuits in which the party structure is more complex than the “A v. B” lawsuit.

This memo has been created to present all current proposals in regard to the supply of widgets for Gloria Smithson’s company to meet the requirements of current orders by customers. Though the ideal supply of widgets from domestic based companies is advised for several reasons, we will examine other options that may be more beneficial for Mrs. Smithson’s company. We will look at a local proposal coming from the same area as

Who gets what when it comes to jurisdiction, how do you tell if it’s a state matter or a federal matter? Whether state or federal there are strict jurisdictions that both state and federal has to follow. From subject and personal jurisdiction, to the three types of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case.

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.

&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

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

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,

In Maine, where the state(Maine) prohibited the importation of live baitfish to protect fisherman from parasites and other species. Maine’s law was not unconstitutional, as it did not put a burden on interstate commerce. The court held that the limitation imposed by the commerce clause on state regulatory power was not absolute and that states had the authority under their police powers to regulate matters of legitimate local concern. The Maine statute served a legitimate purpose that could not be served by non-discriminatory alternative. In this case, becoming the “cutting edge” and “hip cool” state does not allow business and individuals to purchase the internet would defeat the state's purpose of being the “hip cool cutting edge” state. Allowing individuals and companies to purchase the PA internet would serve the purpose of raising state revenue. PA is a part of the tri-state area; therefore, students, commuters, visitors, and everyone who is not a resident of PA will not be able to gain access. The PA regulation will evidentially work against the state of PA.

[16] Publication, which is an element of the cause of action, must be established by proving that the matter in question was downloaded via the Internet so as to be able to be comprehended by a reader: Dow Jones v Gutnick [2002] HCA 56 ; (2002) 210 CLR 575 at [44] per Gleeson CJ, McHugh, Gummow and Hayne JJ.

In summary, in the case of CompuServe v. Patterson, the court inaccurately applied the senses of personal jurisdiction. “The use of the Internet to conduct business is constantly expanding. It gives the parties an opportunity to transfer information quickly and inexpensively. Business that once required face-to-face contact can now be accomplished between persons who have never set foot in the jurisdiction of the party with which they are contacting” (Conner). The services that CompuServe offers from their website are consistent in terms of being passive, which primarily provides information for the development of shareware to be distributed globally, and no time provides sufficient contact for jurisdiction. CompuServe simply provides interactive