Business Law > MILESTONE > BUS 206 Milestone One 2021-Graded A+ | Southern New Hampshire University (All)
BUS 206 Milestone One 2021-Graded A+ | Southern New Hampshire University
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A. The appropriate court for this lawsuit depends upon several factors. Three important considerations include the following: 1. Personal jurisdiction. Is the courts power over a person or business ... in a case. Without it, a court has no power over the parties involved and therefore cannot make a decision against that person or business. In this case and since Funny Face is sold over the internet their geographic areas they conduct business in is vast. Assuming Mr. Margolin is a resident of New York and in fact bought the product over the internet, the court would still have personal jurisdiction in this case even though Funny Face business owners, Chris Matt and Ian live in California. Since they sell product over the internet, they conduct business in the states the product is purchased in, including New York, therefore proving this is personal jurisdiction in New York State. The courts could also consider long arm jurisdiction since the business owners are from California and the Novelty Now resides in Florida but conduct business in New York. 2. Subject matter jurisdiction. Is a court's power to hear the kind of case a lawsuit involves. Since the subject matter of Margolin's suit is alleging negligence against Novelty Now and Chris, Matt and Ian of Funny Face, this type of case would fall under state court jurisdiction. If Margolin is suing for more than $75000, and since the defendants are citizens of a different state, this case will satisfy the requirements for a diversity-of-citizenship case which is “concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case” (Kubasek, N. (2014). 3. Minimum contacts. Is a term that is used to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. “The requirement of minimum contacts means that the defendant has to have taken actions that w [Show More]
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