Is there Jurisdiction? Please add references to the answer you provide for me th

Question

Is there Jurisdiction? Please add references to the answer you provide for me thank you

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?

The requirements below must be met for your paper to be accepted and graded:

Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.

Attempt APA style, see example below.

Use font size 12 and 1” margins.

Include cover page and reference page.

At least 60% of your paper must be original content/writing.

No more than 40% of your content/information may come from references.

Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.

Explanation / Answer

the answer is -

A) a court must have jurisdiction to enter a valid, enforceable judgment on a claim. Jurisdiction may be broken down into two categories: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction is the constitutional requirement that a defendant have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. While the parties may waive personal jurisdiction and submit to the authority of the court, the parties may not waive subject-matter jurisdiction. In fact, the court may dismiss the case sua sponte.

b) Copyright infringement cases fall under Federal law where Federal courts have jurisdiction, Both Bill and Bob reside in same state and Federal Court can hear such cases where it has jurisdiction. Going by this argument, Bob is not right in asking Federal court to dismiss the case for lack of subject matter jurisdiction.

c) Corportation is wrong in stating that the Washington Court cannot exercise personal jurisdiction over the case. In this the defendant, i.e. the corporation, does not resides in the state of Washington but it actively engages in commercial activity targeting the state of Washington. Presence of branch office and hiring of a salesman indicates that the corporation has actively sought to engage in commercial activties in the state of Washington. If the state of Washington has a Long Arm statute with State of Texas, then the Washington state court has full rights to gain personal jurisdiction over the case.

d) Yes, Orange Corportation can ask the case to be moved to Federal court as the case involves two different states and the extent of damage claimed is in excess to $75000.

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