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Week1 Introduction to Law and Jurisdiction

In: Business and Management

Submitted By tootie1972
Words 592
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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 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…...

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