Jurisdiction

A state may request personal jurisdiction over an out-of state defendant considering the sufficient and minimum contacts the defendant has with the state in which the lawsuit is filed. Long-arm statues has been issued saying that “transacts any business or performs any character of work or service in the State” or “contracts to supply services or things in this state” is sufficient to have in personam jurisdiction. Since Homeless Hounds does in fact supply services and…

When addressing the notion of specific jurisdiction the court must determine whether the events that gave rise to the lawsuit were sufficient to constitute at minimum contracts. These minimum contracts are established when either the defendant purposefully directs their activities to the state and or the defendant has purposefully availed themselves to the benefits of the state. The argument of the defendant “has an ongoing contractual relationship with a sales training company located in…

the federal government listed tribes jurisdiction. The case Worcester v. Georgia determined that states' abilities to regulate tribes were limited unless overpowered by Congress in specific areas. This also means that Congress had complete power of Native nations. Outside the Indian land areas, tribal courts have no jurisdiction over tribal…

The court has personal jurisdiction over Angel's Ear Ski Resort. In order to prove that the court has personal jurisdiction over Angel's Ear Ski Resort, the long arm statute law must be valid; therefore, Angel's Ear Ski Resort must have constitutional minimum contacts within Kopp's state, whether it is specific jurisdiction or general jurisdiction. Angel's Ear Ski Resort representatives visit Illinois once a year to promote their resort. Visiting a state along could be considered a…

Maryland would have personal jurisdiction over all Maryland residents. States also have the authority under the Long Arm Statute to exercise their jurisdiction over nonresident defendants from other states if the defendants have minimum contact with that specific state. Minimum contact refers to the amount of connection the defendant has with the state. Minimum contact was established in Shoe Co. v State of Washington and has been used to determine state jurisdiction in various other cases. The…

types of the Appellate Courts, the Courts of Appeal, and the California Supreme Court. 2.Define and explain the concept of “original jurisdiction” as it relates to the U.S. Supreme Court. How does it differ from “Judicial Review Article 3 Section 2 of the Constitution establishes the Jurisdiction of the SUpreme Court. The Supreme Court has original jurisdiction, meaning a case is tried before the course, over certain cases. This could be between two states or involving public ambassadors or…

One of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act signed by President Washington on September 24, 1789. The United States Judiciary Act of 1789 was a landmark statute in the first session of the First United States Congress. It established the U.S. federal judiciary. The founders of the new nation believed that the establishment of a national judiciary was one of their most important tasks. Officially titled "An Act to Establish the…

between the Court’s original jurisdiction, and its appellate jurisdiction. If the Court has original jurisdiction, it means that the case can go right through to the Supreme Court and make the Court the first ones to decide on the case. If the Supreme Court has appellate jurisdiction, the case must first be decided by lower courts. Marbury brought his case under original jurisdiction, so the Court ruled that it would be a poor exercise of the Court’s original jurisdiction to issue a writ of…

matter before a court, does that state have jurisdiction over that person? Rule of Law: If a person is physically in a state, then that State has jurisdiction over that person regardless of the reason they are in the state. Rationale: Due process is possible for each person within the state that has jurisdiction over the person. Holding: Yes. Even if a person is within a state on matters unrelated to a legal issue before the court, the state has jurisdiction over the individual. Facts:…

the Indians and defined as “(a) all land within the limits of any Indian reservation under the jurisdiction of the United States government.. (b) all dependent Indian communities within the borders of the U.S. whether within the original or subsequently…