Sunday, May 10, 2020
Analysis Of The Margolin s Lawsuit With The Rules Of...
When considering the facts of the Margolinââ¬â¢s lawsuit with the rules of jurisdiction, first one must understand when personal jurisdiction and subject matter jurisdiction would be applicable. As stated in the textbook, ââ¬Å"Personal Jurisdiction is a court s power to render a decision affecting the rights of the specific persons before the court. Generally, a court s power to exercise in personam jurisdiction extends only over a specific geographic region.â⬠(Kubasek, pg.42, 2009). Before a court can decide to implement control over a person, they require a minimum contact within the district in which the court is over. In this case, the minimum contact was established over the internet when Margolin inputted information over the internet that completed the business transaction. Since the contact is through the internet, and not within boundaries of the state of California or Florida, the court can exercise personal jurisdiction Margolinââ¬â¢s lawsuit over Funny Face and Novelty Now (Kubasek, 2009). The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, ââ¬Å"Subject-matter jurisdiction determines which court system may hear a particular caseâ⬠(Kubasek, pg.44, 2009). Novelty Oneââ¬â¢s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.Show MoreRelatedCase Analysis : The New York Court 2207 Words à |à 9 PagesMerriam-Webster s Learner s Dictionary defines jurisdiction as the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) (Merriam-Webster, 2015a). In order for a court to make a decision in any case, the court must have several types of jurisdiction. The appropriate court for this lawsuit depends upon several factors. Personal Jurisdiction Personal jurisdiction ââ¬Å"refers to whether a court has power over the person being sued.â⬠(ââ¬Å"Personal jurisdiction: How to
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