Assume the court finds there is personal jurisdiction. Can the Orange Corporation have the case removed to federal court?

Assume the court finds there is personal jurisdiction. Can the Orange Corporation have the case removed to federal court?

Answer the question by looking at the scenarios listed below. Separate subject matter from personal jurisdiction, if necessary. Discuss the criteria the court will employ to assess if it has jurisdiction as well.

Situation 1: In a state law civil lawsuit for $60,000, Mike, a citizen of Utah, accuses Jim, a resident of Nevada, of negligence. According to Jim, the case ought to be dismissed since the court lacked subject matter jurisdiction. Is he correct?

Situation 2: In a federal district court in California, Bill, a California resident, sues Bob, also a California citizen, for copyright infringement, a cause of action emerging under federal law. There is no subject matter jurisdiction, according to Bob. Is he correct?

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Situation 3: Billy, a citizen of Seattle, Washington, sues Orange Corporation, a Texas corporation, in Washington State Court for $100,000 for breach of contract (a state law cause of action). The majority of The Orange Corporation’s operations are in Texas. It was incorporated in Texas, and Dallas, Texas, serves as the home of its corporate headquarters. The Orange Corporation does, however, maintain a branch office in Seattle, Washington, where it has one salesperson working there. The business also runs advertisements in Seattle. The corporation claims that Washington doesn’t have personal jurisdiction over it. Is the business in the right? For this inquiry, assume that Washington may exercise personal jurisdiction to the extent that it is permitted under the US Constitution. Make careful to include the criteria the court will use.

Similar circumstances apply in situation 4. Let’s say the court decides it has personal jurisdiction. Can Orange Corporation request that the lawsuit be transferred to a federal court?

For your paper to be approved and graded, it must adhere to the conditions listed below: •Use Microsoft Word to compose a paper of between 500 and 750 words, or around 2 and 3 pages. • Try APA style; refer to the sample below. •Use margins of 1″ and a font size of 12. Include a reference page and a cover page. •Your paper must contain at least 60% unique writing or content. • References may only make up a maximum of 40% of your material or information. •At least two references from sources other than the course readings should be used, ideally from EBSCOhost. Although they may be used, the course’s textbook, lectures, and other resources do not count toward the two-reference requirement.

Data, dates, graphs, quotes, paraphrased words, values, and other types of reference material must be cited in the document and mentioned on the reference page.Reference materials (statistics, dates, graphs, quotes, paraphrased phrases, values, etc.) must be gathered from reliable sources, such as academic publications in EBSCOhost, online newspapers like The Wall Street Journal, official websites, etc. Wikis, Yahoo Answers, eHow, and other similar sites are not suitable sources.

 

 

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