Is there Jurisdiction, law homework help

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Business Finance

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Business Law I

Is there Jurisdiction?

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?

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Explanation & Answer

Attached.

Running head: PERSONAL JURISDICTION VS SUBJECT MATTER JURISDICTION

PERSONAL JURISDICTION VS SUBJECT MATTER JURISDICTION
STUDENT NAME
INSTITUTION

1

PERSONAL JURISDICTION VS SUBJECT MATTER JURISDICTION

2

There exist different limits to the legal authorities of different level of court to hear and
decide cases. It is a requirement for the jurisdiction of the court to decide on cases. There are two
different cases types of case; subject matter jurisdiction and personal jurisdiction (Mullenix,
2013). The subject matter jurisdiction means that the court has the authority to hear the
controversy initiated in its court or the type of case. On another hand, personal jurisdiction
means the court has power over the defendant which can also be difficult to determine.
Moreover, the only way to determine the personal jurisdiction is by evaluating whether the court
makes a binding decision over you or has vested interest in you.
Situation 1
Under the personal jurisdiction, it is the common way through which an individual has a
personal jurisdiction over another person, an organization or a business issued by where the
individual resides, or rather for organization or business, where they carry out their businesses
(Cornett and Hoffheimer, 2015). In this s...


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