Premium Essay

Does the Court Have Personal Jurisdiction on a Non-Resident

In: Other Topics

Submitted By clydestlucie
Words 665
Pages 3
MEMORANDUM

To: Reader
From:
Date:
Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident

Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company.
Issue:
Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet?
Rules:
Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify as either substantial or continuous and systematic, that California lacked jurisdiction over the defendant. Additionally, the defendant was not registered or licensed as a business in California; paid no California taxes, did not maintain any bank accounts; nor was any advertising such as print, television, or radio was directly targeted towards California residents. In Int'l Shoe Co. v.…...

Similar Documents

Premium Essay

Jurisdiction

...Jurisdiction, who gets what? Gabraille Driscol American InterContinental University CRJ215-1204D Dr. Gwenda Hawk Abstract Who gets what when it comes to jurisdiction, how do you tell if it’s a state matter or a federal matter? Whether state or federal there are strict jurisdictions that both state and federal has to follow. From subject and personal jurisdiction, to the three types of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case. There are two types of jurisdiction they are subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is types of cases courts have been authorized to hear and decide. (Fradella & Neubauer, 2011 p. 566) Subject matter jurisdiction determines the court structure and what types of cases they will hear. For example special jurisdiction are restricted to hearing cases such as civil suits involving small sums of money ideally less than $75,000, and misdemeanors. Other types of cases that state courts hear are traffic and juvenile courts, state offenses; child-victim cases are all apart of subject matter jurisdiction. Most juvenile courts are heard by state courts because of the “one-pot jurisdiction” (Fradella & Neubauer,......

Words: 1497 - Pages: 6

Premium Essay

Malaysian Courts Jurisdiction

...The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level followed by the High Court, Court of Appeal and the Federal Court of Malaysia, which is the highest level. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court and the Sessions Court are subordinate courts. After 23 June 1994 till today: Comparisons between Supreme Courts and Subordinate Courts Superiors Court Subordinate Courts 1. They are established under Article 121 of the Federal Constitution. 2. Their jurisdiction and powers are governed by the Courts of Judicature Act 1964 (Act 91)(Revised 1972)(CJA 1964). 3. They have unlimited jurisdiction. 1. They are established by and derive their jurisdiction and powers from the Subordinate Courts Act 1948 (Act 92)(Revised 1972)(SCA 1948). 2. They are generally subject to the control and supervision of the superior courts. 3. They have limited and prescribed jurisdiction. Jurisdiction of superior courts Federal Court (FC) The FC is vested with an original, advisory and appellate jurisdiction, as explained below: 1. Original : It means the case is heard here first. The cases are vested in FC exclusive original jurisdiction under Art.128(1), which are regarding the validity of federal and state laws, and disputes on any other question between states or between the Federation and any States:s82 CJA 1964. It also exercises a consultative jurisdiction when it is......

Words: 2090 - Pages: 9

Free Essay

The Release of Non-Personal Data to the Public

...of good information solutions 3 Increases Innovation and Economic Growth 3 Greater availability & comprehension of useful data 4 Generates possibilities for new "mash-up" of previously uncombined data 4 Removes Boundaries 4 Cost & Workload 5 Weaknesses 5 Non personal data being abused 5 Timing 6 Lack of control 6 Workload &Cost 7 Statistical misinformation 8 Initiatives by government and non-governmental agencies 9 Government 9 Non-governmental agencies 11 Innovated uses for Government data Samples 13 Conclusion 18 References 18 Appendices 19 Introduction Open government data is shared with the public often over the Internet. Public government information, such as government records, can often be promoted for analysis and reuse. Much of the information that the Irish government holds is potentially very useful to a variety of non-government individuals and groups. Currently the Irish government’s data management is controlled by the Central Statistics Office (CSO). Here certain information is available, but it is limited and difficult to use and access. If the government is to follow the open data movement, there are many benefits to be gained. Many government entities have already begun to publish open government data such as the United States, United Kingdom and the New Zealand governments. The increased openness of government data is powerful and can drive increased innovation and increase economic growth. Making this information......

Words: 6923 - Pages: 28

Premium Essay

Jurisdiction of the Labour Court of Zimbabwe

...The issue of the jurisdiction of the Labour Court is a classic instance of the Labour Act( [chapter 28:01])is a classic instance in spite of having patently pluralist motivations still being unable to withstand the unitarist imprint of our legal system as reflected in the common law, all this in the midst of inherent class warfare. As such, any attempt to lay the blame for the problems bedevilling the jurisdiction of the Labour Court firmly on the door of poor draftsmanship are an inaccurate reading of what is, as will be discussed in the course of this essay, a much more complex problem. It is pertinent as a starting point to deal with the matter of the exclusive jurisdiction of the Labour Court in labour related matters, an aspect that suprisingly has troubled many a legal practitioner as the numerous High Court cases over the matter suggest. Section 89 of the Labour Act deals with the functions, powers and jurisdiction of the Labour Court. Section 89(6) of the Act states, 'no court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1)' and subsection (1) provides inter alia in the applicable paragraph that the Labour Act shall exercise the functions of, 'hearing and determining applications and appeals in terms of this Act or any other enactment.' The import of sections 89(6) and 89(1)(i) of the Act when read in toto is clear and unambiguous to the effect that all......

Words: 1826 - Pages: 8

Free Essay

Non Resident Training Course

...NONRESIDENT TRAINING COURSE March 2011 Aviation Ordnanceman (AO) NAVEDTRA 14313A Notice: NETPDTC is no longer responsible for the content accuracy of the NRTCs. For content issues, contact the servicing Center of Excellence: Center for Naval Aviation Technical Training (CNATT); (850) 452-9659, Ext. 3247 or DSN: 922-9659, Ext. 3247. DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited. PREFACE By obtaining this rate training manual, you have demonstrated a desire to improve yourself and the Navy. Remember, however, this manual is only one part of the total Navy training program. Practical experience, schools, selected reading, and your desire to succeed are also necessary to successfully round out a fully meaningful training program. THE MANUAL: This manual is organized into subject matter areas, each containing learning objectives to help you determine what you should learn, along with text and illustrations to help you understand the information. The subject matter reflects day-today requirements and experiences of personnel in the rating or skill area. It also reflects guidance provided by Enlisted Community Managers (ECMs) and other senior personnel, technical references, instructions, etc., and either the occupational or naval standards, which are listed in the Manual of Navy Enlisted Manpower and Personnel Classifications and Occupational Standards, NAVPERS 18068(series). THE QUESTIONS: The questions that appear in this manual are...

Words: 642 - Pages: 3

Free Essay

Does the Uk Have a Constitution?

...In order to evaluate what offences have been committed in the crimes in this scenario, the clear presence of actus reus and mens rea are vital. for the prosecution to prove the existence of both elements of an offence beyond any reasonable doubt. Actus reus being the guilty act, whereas mens rea is the guilty mind, both of which are required in order to find criminal liability. In order to answer this problem question it must first be considered whether Pablo (P) is liable for any non-fatal offences against the person (OAP). The various offences and their definitions are contained in the Offences Against the Person Act 1861. Pablo and Rose – Pulling hair. The first offence to consider in respect of P is common law battery under section 39 of the Criminal Justice Act 1988. Battery is a summary only offence and carries a maximum penalty of six months or a £5000 fine, or both. P’s motive of jealousy appears to be the significant factor motivating his actions however this is irrelevant to his actions in law. P intentionally: Venna imposed unlawful force: Collins v Wilcock on Rose (R) by pulling her hair. R did not give P permission to assault her, therefore the contact was both physical: Ireland and unlawful. Previous case law has clarified unlawful force to be even the slightest touch R v Brown . The mens rea for this offence is satisfied by either intention or subjective recklessness. With reference to the problem question, the actus reus was the direct physical......

Words: 1741 - Pages: 7

Premium Essay

Personal Jurisdiction

...agreement between the parties. The plaintiff files a lawsuit against the defendant in Superior Court for the County of Monterey in Salinas, California. The defendant claims that the California court has no personal jurisdiction over her, while the plaintiff claims that the state does have jurisdiction over her because she knowingly did business with a California company. ISSUE: What right does a court have to determine the rights of the parties involved in the action In other words, the question of whether a court has personal jurisdiction over a person involves the question as to whether it would be fair for the court to issue a judgment against that person. Does the court system of California have personal jurisdiction over the defendant? RULES: Personal jurisdiction gives a court the authority to determine the rights and liabilities of a person or entity, such as a corporation or partnership, involved in a lawsuit. A court must satisfy two elements to have personal jurisdiction: 1) the law that governs the court must give it authority to assert jurisdiction over the parties to the case; and 2) The jurisdiction, even where allowed by the law governing the court, must not violate the "due process" clause of the Fourteenth Amendment to the Constitution. The due process aspect is based on the examinations of the contact between the state in which the court has jurisdiction and the defendant, and the notice of the pending action in an adequate fashion. In......

Words: 704 - Pages: 3

Premium Essay

Does America Have the Best Government

...others just don’t have, but is that epidemic of our society or was all men being created equal just a pipe dream? Let’s not forget that slavery was still going on during the inception of the Declaration. The United States of today is much different than the one at the time the Declaration of Independence was created. The constitution needs to be updated to the 21st century to make it more understandable and to address some of the vagueness. For example many of the Framers were slave owners. That in itself is proof that the document is outmoded, reflecting America 200 years ago. “People that believe the constitution should be kept as is, point out that the Constitution is a living document and can be altered either though Supreme Court interpretations or formal amendments, of which there have been 27 since 1787.”(Brown Reference Group, 2003) I think if the document is completely modified to match the times of today, it would be easier to understand. II. Federal Policies The National Cybersecurity Protection Advancement (NCPA) Act has lots of strengths and weakness that makes it a much needed Act and Amendment to the Department Homeland Security (DHS) Act 2002. One major strength of the NCPA is it amends the Homeland Security Act of 2002 to allow the Department of Homeland Security's national cybersecurity and communications integration center (NCCIC) to include tribal governments, information sharing and analysis centers, and private entities among its......

Words: 2016 - Pages: 9

Premium Essay

Personal Jurisdicition

...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify as......

Words: 313 - Pages: 2

Free Essay

Personal Jurisdiction

...Personal Jurisdiction American Military University 10/5/15   Personal Jurisdiction 1. The district court is considering whether the exercise of personal jurisdiction is proper. What should it decide and why? The court needs to establish if it has enough cause to exercise personal jurisdiction in this case. There are three things that permit a court to exercise personal jurisdiction, where: 1. The defendant commits intentionally illegal actions. 2. The defendant actions were specifically aimed at the forum state. 3. The defendant causes harm to the plaintiff in the forum state which the defendant knows is likely to be suffering (THE WEATHER UNDERGROUND, INC. vs NAVIGATION CATALYST SYSTEMS, INC, n.d.) I believe the court had enough evidence to prove the defendant, Navigation Catalyst Systems (NCS), purposefully targeted the plaintiff, Weather Underground Corporation, by creating 41 websites covering a number of typographical mistakes to the mark owned by the plaintiff. Forty-one websites weren’t a coincidence. NCS knew exactly what they were doing and because of NCS’s actions, Weather Underground suffered economical damages in Michigan, the plaintiff’s primary place of business. I think the court has more than enough evidence and should exercise personal jurisdiction based in all the facts proven here. 2. Apple, Inc. and Major League Baseball (MLB) signed an agreement for the broadcast of games. MLB will offer two live games per day, subject to......

Words: 415 - Pages: 2

Premium Essay

Does It Have

...manager can select out the easy decision that shares the workload of manager. Information is form by many data, and the data are fact and figures. Information is also as known as knowledge because each data presenting significant case. Since data has to be collected and analyzed. the example of it is the Internet protocol (IP) address that connect the internet and each personal computer; login; e-mail address; password; the media that between the internet and computer is browser, as each IP is unique, so the data will be different, such as version, time zone, browser type, operating system, and platform. As a manager, providing a personal computer to each employee is necessary in a company; therefore, a manager need to know activities of their employees that the IP would help a manager to monitor each employee by sitting in front of a computer. Database Management System (DBMS) is a computer program that uses to create, process, and administer a database, for example, Microsoft has Access and SQL server and IBM has DB2. Microsoft Access, which is our Hands on assignment #2. During the group meeting, I have better understood the process of creating and connecting the data charts. Data is the important role of information, and a manager has to read many information of clients; therefore, with the help of Microsoft Access, manager can easily read or review the organized data that could be a time saver for manager. As my career path, I would definitely use Microsoft Access to......

Words: 715 - Pages: 3

Free Essay

Jurisdiction Business Law !

...Jurisdiction Jurisdiction Yes in situation number one, Jim is correct in arguing that the case should be thrown out because of lack of subject matter jurisdiction. Since Jim lives in Nevada, and Mike lives in Utah, then they type of subject matter jurisdiction that would apply here is diversity jurisdiction. The reason is that the lawsuit is for less than $75,000 and they are both from different states under diversity jurisdiction from 28 U.S. Code § 1332 (Cornell, 2015). For situation number two, I would say that Bob is incorrect in arguing that there is no subject matter jurisdiction. The reason I say this is because the subject of the case is copyright infringement, which falls under federal law. “The United States federal courts have exclusive jurisdiction over a very small percentage of cases (e.g., copyright and patent disputes) (Civil Procedure, 2015).” Since there is no diversity in citizenship in situation number two, then diversity jurisdiction is not possible. However, due to the reason for the suit copyright infringement, it could have subject matter jurisdiction under federal question jurisdiction since the matter is a copyright disputes. There are additional conditions that must be met in order for this to happen, “For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law. 28 USC 1331 (Cornell,......

Words: 585 - Pages: 3

Premium Essay

Week1 Introduction to Law and Jurisdiction

...Introduction to Law and Jurisdiction Lawanda Kendrick June 6, 2016 Grantham University Situation 1: Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada's Federal Distract 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? This situation would fall under diversity of citizenship being that Mike lives in Utah and Jim lives in Nevada. Diversity of citizenship is the basis for federal court jurisdiction over a law suit between citizens of different states and countries. Mike is suing Jim for $60,000 but the amount in controversy in diversity cases must be at least $75,000. So, yes, Jim is right for arguing that the case should be dismissed for a lack of subject matter jurisdiction. 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? In this case, Bob is wrong because copyright infringement is under the jurisdiction of the Federal courts. Under 28 U.S. Code § 1338 (a) the district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks (LII, para.1). Situation 3: Billy, a Seattle, Washington resident, sues the Orange Corporation, a......

Words: 592 - Pages: 3

Premium Essay

Why Does the European Union Have Such a Strong Court of Justice?

...1- Introduction The aim of this paper is to provide an explanation why nowadays the European Union has such a strong Court of Justice (the Court). The paper is composed of four main parts. In the first part we will present a brief overview of the evolution of the Court of Justice through time. The second part deals with the creation of the legal doctrines as a means of empowerment of the Court. In the third part we will discuss the cooperation between the national courts and the Court, and finally the last part is dedicated to the relations between Member States and the Court. It should be noted that in each part of the paper we will bring arguments and various examples to develop a structured and complete answer. 2- The Court of Justice through time The European Court of Justice (Court of Justice under the Treaty of Lisbon ) was created in 1951 as the judicial body of the European Coal and Steel Community. It is based in Luxembourg and is composed of 27 judges, one from each Member State. They are appointed by their Member States for a renewable period of 6 years. The judges are assisted by eight Advocates-General whose main task is to deliver legal opinions. At the beginning the Court of Justice had only three limited functions: • To ensure the administrative compliance of the Member States with the rules of the treaties, • To resolve the disputes in case the EU laws are vague, • To keep the Commission and the Council of Ministers from exceeding their......

Words: 3293 - Pages: 14

Free Essay

Does Man Have Free Will

...Does man have free will? This question has been asked within the church since its inception. If man’s will is free then in a sense there is a part of creation that exists outside of God’s control, bringing His sovereignty into question. If man does not have free will his significance as the height of the created order is lessened. The question is further clouded by the fact that the Bible seems to support both ideas; that man is free and wholly responsible for his actions and that God is sovereign over every action within his creation. Paul Tillich describes the issue writing, “The question is whether the moral imperative is dependent on the divine grace for its actualization, or whether divine grace is dependent on the fulfillment of the moral imperative.”[1] This debate has been the cause of much disagreement throughout the history of the church. Brought to the forefront of debate by Augustine, arguing for the sovereignty of God, and Pelagius, arguing for the free will of man, the discussion over the relationship between God’s control and man’s ability has continued to this day. Later, during the reformation, Calvinists and Arminians continued the debate over the role man plays in the salvation process. This disagreement has caused Roger E. Olson to write, “We need to shoulder the responsibility of choosing between Calvinism and Arminianism. That does not mean choosing between Christianity and something else. It means choosing between two respectable......

Words: 3179 - Pages: 13