Look at the situations below and answer the question Make su

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.

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?   

Solution

Situation 1 :

Jim is correct, since $60000 is too low for Federal Court Jurisdiction. ($75) for a negligence claim of parties from different states.
Bill is correct since copyright law is under the jurisdiction of the Federal Courts, even though both parties are from the same state.

Situaion 2:

Since there is no diversity in citizenship then diversity juridiction is out of ourquestion, there are many copyrights infringment now a days thanks to the internet.. so it really depends on the particular copyright infringment the bill is suing bob for. The federal court has to take into consideration if victim consideration if the vitcim intentionaly committed the act. there is a diffrence beteen the person unnowingly using the esign found on worldwide web. for financial profit then that compared for somebody who accidently made a creating of there own imagination of profit.Hene bob\'s argement is wrong.

Situation 3 :

No, the corporation is wrong. Diversity jurisdiction, when the amount in controversy is in excess of 75K, which it is.

Situation 4

Yes. If court findsthere is personal jurisdiction, the corporation have thecseremoved to fedral court. Corporation is right there, since it is not enforceable by law.