JWU Supreme Court Narrows the Landscape for Personal Jurisdiction

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Business Finance

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Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules regarding subject matter and personal jurisdiction to those facts to obtain your answer and explain it. Submit your answer as an attached file. Please review the rubric (under the rubric section) before completing any assignment or short paper.

Assume that you live in California and are on vacation, traveling by car from California to Texas. You are injured in a motel room when the bed on which you are sleeping collapses, causing you to fall to the floor. You suffer substantial back and leg injuries, requiring many medical treatments and causing you to miss work for 15 weeks. Your medical bills total $50,000 and your lost wages total $15,000. You intend to sue the owner of the Texas motel.

  1. Can you bring your case in federal court? Why or why not?
  2. Can you commence the case in California? What additional information might you need to answer this question?
  3. At the end of the trial, the jury awards you $100,000 ($50,000 for medical, $15,000 for lost wages and $35,000 for punitive damages). After the trial, the attorney for the hotel approaches and offers to settle the case for $50,000. Should you consider accepting the settlement? Why or why not?

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SHORT PAPER RUBRIC This rubric is used to grade the 3 short (450-600 word) papers (each worth 100 points) Answer (45 Points) • • • • • Did the student address all the points of the short paper? Was the student’s position correct given the question of the paper Did the student fully explain the position taken Was the student clear on what his/her position was Did the student express themselves professionally, using appropriate word choice and an acceptable level of formality required for academic writings? Legal Support (45 Points) • Did the student support the position taken with references and citations to the law? • Did the student use the correct law to support his/her position? • Did the student fully explain the position taken Spelling/Grammar (10 Points each) Word Count (450 – 600 words using word count on Word) • 400-449 words – minus 10 points • 350-399 words – minus 20 points • 300-349 words – minus 30 points • 250-299 words – minus 40 points • 200-249 words – minus 50 points • 150-199 words – minus 60 points • 100-149 words – minus 70 points • 50-99 words- minus 80 points • 0-49 words – minus 90 points Late Work – minus 50% of points earned • if you would have earned a 90 on the work, the grade posted will be a 45 There is an example short paper question and submission below. EXAMPLE Short Paper: Please identify a federal or state statute that relates to businesses. (Please feel free to consult the following website for examples of state statutes regulating corporations: http://www.law.cornell.edu/wex/table_corporations.) Do you agree or disagree with the principles in this federal or state statute, and why? What effects do you think this statute has had on businesses? Answer: I chose the to look at the Intellectual Property law and its relationship to businesses. Under the body of Intellectual Property law, federal patent and copyright laws help businesses claim ownership of their ideas, designs, and slogans. Intellectual Property law protects the products and ideas of individuals and businesses (“What Is IP Law?”). According to the Cornell University Law School, intellectual property “is any product of the human intellect that the law protects from unauthorized use by others” (“Intellectual Property”). The law considers patents, copyrights, trademarks, and trade secrets to be intellectual property. Each type of intellectual property has specific laws that control and govern them. A patent allows the holder to exclude other individuals from making, using, importing, and selling the patent (“Patent”). The law has certain requirements that include patentable subject matter, utility, novelty, nonobviousness, and enablement. (“Patent”). The patentable subject matter requires the individual or business to signify what invention will need protection (“Patent”). This requirement also states that the products should be a human-made invention rather than a product of nature (“Patent”). I agree with this law because it controls the amount of patentable inventions and removes the fake inventions. The second requirement is whether or not the invention is useful and can be used in the real world (“Patent”). Novelty requires that the invention isn’t known in other countries (“Patent”). I also agree with this law because it also minimizes the amount of useless inventions and the chance of individuals stealing ideas. The last requirement, enablement, requires documentation of the process of making the product which makes sure that the product can be carried out (“Patent”). All of these laws make it very challenging for individuals or businesses to get patents. A copyright can be reproduced, displayed, and distributed exclusively by the owner (“Copyright”). Copyrights reduce the amount of replications and similar ideas. This law is crucial to federal intellectual property law because it determines authorship. As technology advances, so does the laws surrounding copyrights. Motion pictures and sound recordings can now have copyrights (“Copyright”). Trademarks also help separate businesses from each other. For example, GEICO’s slogan or trademark is “15 minutes could save you 15% or more on car insurance.” Trademark law makes it so other businesses can’t take this slogan as their own. Copyrights and trademarks are very important to branding and originality of businesses. I agree with the majority of federal intellectual property law. I think that the law is fair and is very important to the longevity of businesses. Without patents, copyrights, trademarks, and trade secrets, businesses would be stealing ideas and wrongfully using them. The policies are very strict, but they benefit businesses that have good ideas and follow the rules. These laws have a large effect on the credibility, prosperity, and longevity of businesses. Without a patent, trademark, or a copyright, the ideas and products of businesses aren't protected properly. This can lead to unwanted replications and the stealing of ideas. Patents, copyrights, and trademarks are crucial to a business’s original ideas, designs, and slogans. Works Cited "Copyright." LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016. "Intellectual Property." LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016. "Patent." LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016. "Trade Secret." LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016. "Trademark." LII / Legal Information Institute. N.p., n.d. Web. 22 Mar. 2016. "What Is IP Law?" What Is IP Law? N.p., n.d. Web. 22 Mar. 2016.
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Explanation & Answer

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Surname 1
Student’s name
Institution
Date
Case Study
Businesses often find themselves in a legal dispute with their clients as well as other
parties who might be involved in their operations. In the current case, I had traveled to Texas on
a business trip where I injured myself after the bed; I was sleeping on collapsed. On whether the
can be brought up against the company in a federal court, it's evident that this matter can be
brought up in a federal court. According to Brundage (143), whether a case can be heard at the
federal or state court depends on the jurisdiction on the matter. Unlike federal courts, state courts
have a broad jurisdiction on matters which they can hear. This includes cases such as robberies,
family disputes, and other minor matters.
In contrast, federal c...


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