Mrs. Murphy was born and lived her entire life in Memphis, Tennessee. She owned

Question

Mrs. Murphy was born and lived her entire life in Memphis, Tennessee. She owned one valuable item of jewelry, her five carat Tiffany ring. During the last three years of her life, Mrs. Murphy decided to sell her ring at the low price of $95,000. After months of waiting for a buyer, Mrs. Murphy decided to sell her ring to Bev-Diamonds, a jewelry reseller in Beverly Hills, California. When Ms. Murphy arrived at Beverly Hills, she realized that she forgot the ring’s certification documents. Due to the long trip and Ms. Murphy being 92 years-old, Bev-Diamonds told Ms. Murphy that they will accept her ring on the condition that she mail the certification documents as soon as she arrives in Tennessee. Three days after Ms. Murphy arrived in Tennessee she passed away. The following three weeks Bev-Diamonds tries to contact Ms. Murphy and her family relatives, but no one knew what Bev-Diamonds was requesting. On the fourth week, Bev-Diamonds files a breach of contract lawsuit in the Federal Central District Court of California. You are the Federal District Judge assigned to the case, before you look into the substantive law of the case you first want to make sure you have jurisdiction over the case.

Do you have Subject Matter Jurisdiction?

Please analyze using IRAC. Do you have In Personam Jurisdiction (Personal Jurisdiction)?

Please Analyze using IRAC. Is this the proper Venue? Please Analyze using IRAC.

Do you, a Federal District Judge in the Central District of California, have jurisdiction over this case? Please explain.

Explanation / Answer

Subject matter Jurisdiction:

Personal Jurisdiction:

Issue: The ring was sold to Bev-Diamonds in California but the seller Mrs. Murphy is from Memphis, Tennessee.

Rule: Personal jurisdiction can only be exercised if:

Application:

In this case, the ring is located in Beverly Hills’, California and the plaintiff is located in the state.

Conclusion:

Therefore, the case can be tried in the Federal Central District Court of California

Proper Venue:

Issue: The ring was sold to Bev Diamonds, In Beverly Hills, California by a resident of Memphis, Tennessee. The law suit for breach of contract has been filed in California. Can the lawsuit be filed in the Federal Central District Court of California.

Rule: The law suit for breach of contract is normally a civil suit and can be filed in the state where the contract was executed or the district of which the residence of the principal defendant.

Application: Bev Diamonds is located in Beverly Hills and the contract was executed in Beverly Hills California. The relatives of Mrs. Murphy who is the principal defendant can request a change of venue.

Conclusion: The case can be tried in the Federal Central District Court of California where it is filed by Bev Diamonds except if an objection or a request is made by relatives of Mrs. Murphy to change the location.

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