Is there Jurisdiction?

Is there Jurisdiction?

Is there Jurisdiction?

Look at the situations below and answer the question. Make sure to distinguish between subject matter and personal
jurisdiction. Additionally, discuss the standard the court will use to determine whether jurisdiction exists.

The requirements below must be met for your paper to be accepted and graded:

Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.
Attempt APA style, see example below.
Use font size 12 and 1” margins.
Include cover page and reference page.
At least 60% of your paper must be original content/writing.
No more than 40% of your content/information may come from references.
Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other
materials in the course may be used, but are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must be identified in the paper and
listed on a reference page.Reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) must come
from sources such as, scholarly journals found in EBSCOhost, online newspapers such as The Wall Street Journal, government
websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not acceptable.

A detailed explanation of how to cite a source using APA can be found here (link).

Download an example here

Situation 1: Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District 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?

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?

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
corporation advertises in the Seattle. The corporation argues that Washington lacks personal jurisdiction over the
corporation. Is the corporation right? Assume for this question that Washington may exercise personal jurisdiction to the
extent permitted by the Constitution of the United States. Be sure to list the standard the court will apply.

Situation 4: Same facts as above. Assume the court finds there is personal jurisdiction. Can the Orange Corporation have
the case removed to federal court?

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