LAW related see description

Is there Jurisdiction?

Look at the situ

ations 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

J

im,

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

residen

t,

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

in

corporated

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

fo

r

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.

·

Use at least two references

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?

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.

 Use at least two references