Is there Jurisdiction?

Nov 3rd, 2014
Business & Finance
Price: $20 USD

Question description

Write short answers, between 400 and 500 words in total, responding to the discussion questions below. You are expected to use the textbook and outside resources to provide accurate and substantive answers to the question. Also, be sure to make use of illustrating examples where appropriate. Submit your work in APA format.  

Look at the situations below and answer the question. Make sure to distinguish between subject matter and personal jurisdiction.  Additionally, discuss the standard the court will use to determine whether jurisdiction exists.  

Situation 1: 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?  

Situation 2: Bill, a California resident, sues Bob, also a California resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in California.  Bob argues that there is no subject matter jurisdiction. Is he right? 

Situation 3:  Billy, a Seattle, Washington resident, sues the Orange Corporation, a Texas corporation, under a breach of contract (a state law cause of action) in Washington State Court for $100,000.   The Orange Corporation does most of its business in Texas. It is incorporated in Texas, and its corporate Headquarters are located in Dallas, Texas. However, the Orange Corporation does have a branch office in Seattle, Washington where it employs a single salesman. Additionally, the corporation advertises in the Seattle.  The corporation argues that Washington lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question that Washington may exercise personal jurisdiction to the extent permitted by the Constitution of the United States.  Be sure to list the standard the court will apply.  

Situation 4: Same facts as above. Assume the court finds there is personal jurisdiction. Can the Orange Corporation have the case removed to federal court?  

Tutor Answer

(Top Tutor) Daniel C.
School: UT Austin

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