Premium Essay

Week1 Introduction to Law and Jurisdiction

In: Business and Management

Submitted By tootie1972
Words 592
Pages 3
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…...

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

Introduction to Law

... MIDLANDS STATE UNIVERSITY FACULTY OF LAW NAME : IVY TATENDA GUMBO MODULE: INTRODUCTION TO LAW REG NUMBER: R125548P LECTURER: MS CHAKAUYA TUTORIAL QUESTIONS DUE DATE: 8 APRIL 2013 QUESTION 1:Highlight the functions of law in society.Your answer must take into consideration the theories of law and its individual relationship Law can be defined as a set of rules and regulations which govern societal relationships and is enforced by the state through institutions such as the police,courts ,prisons etc.However many schools of thoughts have tried to define law since the term law means different things to different people.According to the Natural theory law should take into account of morals in a community.A Positivist theory says that law is law regardless of the moral content.This suggestion advances the idea that law remains law whether or not it is just or unjust,fair or unfair.The Marxist theory defines law as an instrument of class oppression that is the rich oppressing the poor.On the other hand some critic scholars like Hlalo and Kahn defined law as rules governing human conduct that is recognized as binding by the state and if necessary enforced. The purpose of law is to enforce morality inorder to prevent harm to others.According to Lord Delvin,a society has a right to punish any kind of act that is immoral.Most legal rules are derived from morality.Morals can be defined as ......

Words: 2497 - Pages: 10

Free Essay

Introduction to the Law

...INTRODUCTORY NOTES Introductory points about Commercial Law 1. Ignorance of the law is no excuse as a defence 2. PLAINTIFF – brings the action DEFENDANT – defends the action 3. Burden of proof is on the Plaintiff (Applicant) 4. Standard of proof is on the balance of probabilities (degree of proof) 5. Result in Court or a Tribunal is a JUDGEMENT 6. The Court may also apply a REMEDY such as awarding damages or costs or both 7. The law is just a collection of RULES that must be enforced for the protection of all citizens. 8. ETHICS is also a set of rules that a person or institution decides to follow. The highest form of ethics is the law because it must be followed. A lower form of ethics is a Code of Conduct where an institution adds more rules to that of the law. The lowest form of ethics is a persons own morality that governs their behaviour, although some people (eg religion) try to claim that their morality is the only morality and therefore should be included in the law. Background to the Law 1. English influence 2. Role of Judges is to interpret the law 3. Judges must have knowledge of statutes (law) and precedent which is reporting of previous judgements that may apply to a new case. 4. Role of Parliament is to make laws with some delegation to various authorities such as District and City Councils 5. Codification is an arrangement or system of law. It is not used in many countries following English law because it can be corrupted by......

Words: 364 - Pages: 2

Premium Essay

Introduction to American Constitution Law

...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the......

Words: 7876 - Pages: 32

Premium Essay

Introduction to the Law

...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was......

Words: 13402 - Pages: 54

Free Essay

About Jurisdiction

...634 International Law Studies - Volume 62 The Use of Force, Human Rights, and General International Legal Issues Richard B. Lillich & John Norton Moore (editors) JURISDICTION Myres S. McDougal In public and private international law, the word "jurisdiction "-in etymological origin, speaking the law-is used to refer to the competence of a state-the authority of a state as recognized by international decision-makers and by other states-to make law for, and to apply law to,particular events or particular controversies. I emphasize the word particular in order to distinguish, as :.will be seen below, the claims to authority with which we are here concerned from other and more comprehensive claims of state officials to continuous control over bases of power, such as territory and people. It is in this sense-in the sense of competence or authority to prescribe and apply law to particular events-that the subject of Jurisdiction is important to Naval Officers and it is in this sense that, with your permission, I propose to explore the subject. It needs no emphasis to this audience that the Naval Officer is both the agent of the authority of one state and a possible object of the application of authority of other states. The authority of any particular officer may not be coextensive with that of his state, depending upon the hierarchy of command and degrees of delegation, but for determining the lawfulness of a controverted exercise of authority by or upon an officer in events......

Words: 4669 - Pages: 19

Free Essay

Introduction of Law

...Andrew Rusinko Col Writing II 1320.027 Introduction of Law Hazing happens in many different facets of our lives either it being at school or at work. It is a common thing especially at the university level of education here in the United States. There have been multiple cases of hazing at the university level with in the previous decade here in the state of Texas. The Texas State Penal Code section 4.52 states that “hazing is any intentional knowing, or reckless act, occurring on or off the campus of an education institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an education institution” ("Center for Students Rights and Responsibilities"). This covers many different types of hazing whether it is consumption of liquids, like water or alcoholic beverages, electro-shocking, whipping and paddling just to name some examples. Relatively, anything that could be detrimental to the student or pledge either physically or mentally is hazing. There are also different punishments listed in the penal code for different outcomes such as not reporting or if the hazing results in death. Furthermore, the organization on the campus could be suspended indefinitely by the campus depending on the severity of the incident such as...

Words: 791 - Pages: 4

Premium Essay

Personal Jurisdiction

...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 regards to the Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S.......

Words: 704 - Pages: 3

Free Essay

Administrative Law Introduction Recap

...WHAT IS ADMINISTRATIVE LAW? Broadly, AL might be defined as the legal control of govern’t More narrowly, AL consists of those legal principles at define the authority and structure of administrative agencies, specify the procedures agencies must follow, determine the validity of administrative decisions and define the role of reviewing courts and other organs of govern’t in relation to a.a. Each particular field of regulation has its corresponding substantive and procedural law. AL as such deals with the general principles and rules that cut across the particular substantive fields and apply t a.a. generally. These principles include 3 basic bodies of law: (1) constitutional law; (2) statutory law, including above all the APA; (3) a form of federal com mon law, embodied in judicial decisions that do not have a clear constitutional or statutory source. REGULATION Aa are engaged in regulation. Regulatory agencies develop and enforce prohibitions or obligations with which private firms and/or individuals must comply (some agencies aren’t regulatory, but benefactor: they’re engaged in disbursing govern’t benefits). PROBLEMS THOUGHT TO CALL FOR (ADMINISTRATIVE) REGULATION One can imagine a govern’t without agencies, but no govern’t can avoid “regulation”. The common law is in fact a regulatory system, although outside the definition set out above: it depends on the creation and enforcement , by law, of a set of rights, notably those creating private property and......

Words: 1898 - Pages: 8

Premium Essay

Introduction to Law Federal State and Pakistani Example

...Introduction to Law Federal State and Pakistani Example SHAH BASIT HUSSAIN QURESHI 5/10/2015 Federal state with the reference of the Constitution of Pakistan 1973 example SUMMARY                Definition of Federal State Preamble Introductory Fundamental Rights Principles of Policy The President Majlis-e-Shoora (Parliament) The Federal Government The Governors Provincial Assemblies The Provincial Governments Distribution of Legislative Powers Administrative Relations between the Federation and Provinces Special Provisions Regional State and Unitary State Federal state with the reference of the Constitution of Pakistan 1973 example Page 2 Federal State with the reference of the Constitution of Pakistan 1973 Example Definition of Federal State: A federal state is one that brings together a number of different political communities with a common government for common purposes, and separate “state” or “provincial” or “cantonal” governments for the particular purposes of each community. The United States of America, Canada, Australia, Switzerland, Russia, Belgium, Germany, Pakistan and India are all federal states. Federalism combines unity with diversity. Preamble of the Constitution of Pakistan 1973: 12th, April 1973 Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a......

Words: 6221 - Pages: 25

Premium Essay

Week1

...Heuck Week 1 Grantham University This case would be held as a Statue of frauds case. That means that the requirement of certain kinds of contracts are memorialized in a writing, signed by the party to be changed, with sufficient content to evidence the contract. These are traditionally required in different cases that affect more than one party. Examples of this would be consideration of marriage, contracts that cannot be fulfilled on one year and contracts for the sale of goods totaling $500 or more. In these cases, if a defendant is going to use Statute as a defense, must be raised in a timely manner. If the defendant claims that a contact existed, under oath, it may ne be used by the defense under the UCC but can be used by common law. Exceptions to this are Admission which was just discussed, Merchant conformation rule, and Easements by implication. Every state has a Statute that requires individual contracts which are most commonly used for sale of land, and other types of contracts that cannot be completed within one year. In this particular case the oral contract would be upheld as long as it was documented. Any oral contract such as the one made by Mark and Johnny, would be upheld in the courts s long as it was documented. The purpose of this contract is that it can be proven to be reliable. These contracts must fall under 6 categories to be binding and require such a contract. The six categories are as follows. Any contract involving the sale of land and for......

Words: 527 - 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

Police Jurisdiction

...History of Police Agencies and their Jurisdictions Chelsea Peterson CJA/240 December 10, 2011 Professor Konopasek History of Police Agencies and their Jurisdictions The development of police agencies can be followed back to the Early English colonial days. As time continued, so did the improvements of the police agencies of law enforcement today. The first police department was established in 1731 was the Boston Police Department. Within each police agency, they also have their own jurisdiction of federal level, state, local, and private levels. The biggest protector of America is the Department of Homeland Security that includes jurisdiction of the nation. The first modern police agency mimicked several qualities from the British system. For instance, night watching was an early form of police patrol in English cities and towns (Schmalleger, 2009). Wealthy English families would pay others to night watch for them for their own security. The first modern police department that was established in London, England was guided with a mission of crime prevention and control, the strategy of preventive patrol, and military style organization that American Law Enforcement followed by as well. As time progressed, the first uniformed officer was employed by New York City in 1693 followed by the first police department established in 1731 in Boston, Cincinnati. In more recent...

Words: 808 - Pages: 4

Free Essay

Week1

...original beliefs and have separated into several groups. Most of these groups are trying to maintain their beliefs or are trying to figure out how to function in today’s society in a religious manner. One approach is “The Reform Approach.” This group takes a liberal view to the interpretation of the Jewish laws, maintaining that they are no longer obligated and should be changed to meet the wants of the modern Jewish people. Nested in a deep ethical attempt, the practices associated with the Reform movement vary from place to place, depending on the particular rabbi and synagogue. Many traditional observances were eliminated or changed to keep the Reform beliefs. In recent years, some Reform Jews have attempted to resurrect certain traditions in many areas. Another approach is the “Conservative Approach.” This group is often described as a middle ground between the Reform and Orthodox Judaism groups; they accept the authority of the Written and Oral Law of the Torah and the Talmud and believe that adherence to these laws strengthens the Jewish community in both spiritually and socially areas. The movement also maintains that modern day realities requires modifications in the laws as long as the decisions are made by authorized rabbis and supported by Halakhic arguments. Some of the changes in recent years have been granting equal status to women as members of a Minyan and in the practice of rituals. This Permits Jews to drive a car on the Sabbath or holidays to attend......

Words: 1568 - Pages: 7

Premium Essay

Introduction to Law and Business Ethics and Social Responsibility

...where large multinational corporations like the textile industry face charges of violating human rights in third world countries. Using child labor questions the human rights, ethics, and social responsibility of the textile manufacturing industry. An analysis of how the textile manufacturing illustration applies to decision-making and operations in an ethical and social responsible business. The economic responsibilities of the business would produce products and services that society wants at a price that perpetuates the textile business. The textile manufacturing business decides on legal responsibilities where they obey local, state, federal, and global laws. The textile manufacturing business makes decisions based on their ethical responsibilities of meeting other societal expectations, written and not written by laws. Reference Jennings, M.M. (2010). Foundations of the Legal Environment of Business. Mason, OH:South- Western Cengage Learning...

Words: 304 - Pages: 2

Far Cry MULTi7-ElAmigos | Przygodowe | Episode 03