Personal jurisdiction, which is a decision given by the authority of the court in which it affects the rights of the specific individuals. In this case, because the defendant sold a harmful product, that not only negatively affected the plaintiff physically, but could negatively impact his business which would be the most appropriate. Due to negligence the court will have jurisdiction over them. Subject matter jurisdiction is when the court has the power to hear particular kinds of cases. The subject matter in this case is product negligence and liability. Since it was not FDA approved, it would fall under both federal and state jurisdiction. Long arm principle would not work because Funny Face and Novelty Now did not have minimum contacts
…show more content…
One method is mediation in which the arguing parties can select a neutral party to help communicate ways for the parties to resolve their disputes. Advantages would be a good relationship between the two parties, creative solutions, high level of autonomy, less costly, and less time consuming. However, their disadvantages would include, creating a false image of equality, and risk that some may abuse the mediation process. Another method could be negotiation, where opposite parties make an effort to resolve the issue by communicating. Advantages include flexible form of discussion, successful product, voluntary process, and improve relationship between the parties. Disadvantages would be unequal power, failure to agree, no assurance of good faith on either side of the parties. If Funny Face decides that arbitration is the answer, they should be aware of the loss of efficiency, as well as giving up their rights. Advantages would be, having control over the resolution process, and flexibility in decision-making. Donald Magnolian may consider mediation for the arguing parties get to select a neutral party to help suggest ways for the parties to solve their disagreement. It can also be successful by creating a good relationship between the two
One method is mediation in which the arguing parties can select a neutral party to help communicate ways for the parties to resolve their disputes. Advantages would be a good relationship between the two parties, creative solutions, high level of autonomy, less costly, and less time consuming. However, their disadvantages would include, creating a false image of equality, and risk that some may abuse the mediation process. Another method could be negotiation, where opposite parties make an effort to resolve the issue by communicating. Advantages include flexible form of discussion, successful product, voluntary process, and improve relationship between the parties. Disadvantages would be unequal power, failure to agree, no assurance of good faith on either side of the parties. If Funny Face decides that arbitration is the answer, they should be aware of the loss of efficiency, as well as giving up their rights. Advantages would be, having control over the resolution process, and flexibility in decision-making. Donald Magnolian may consider mediation for the arguing parties get to select a neutral party to help suggest ways for the parties to solve their disagreement. It can also be successful by creating a good relationship between the two