...against the defendant in Superior Court for the County of Monterey in Salinas, California. The defendant claims that the California court has no personal jurisdiction over her, while the plaintiff claims that the state does have jurisdiction over her because she knowingly did business with a California company. ISSUE: What right does a court have to determine the rights of the parties involved in the action In other words, the question of whether a court has personal jurisdiction over a person involves the question as to whether it would be fair for the court to issue a judgment against that person. Does the court system of California have personal jurisdiction over the defendant? RULES: Personal jurisdiction gives a court the authority to determine the rights and liabilities of a person or entity, such as a corporation or partnership, involved in a lawsuit. A court must satisfy two elements to have personal jurisdiction: 1) the law that governs the court must give it authority to assert jurisdiction over the parties to the case; and 2) The jurisdiction, even where allowed by the law governing the court, must not violate the "due process" clause of the Fourteenth Amendment to the Constitution. The due process aspect is based on the examinations of the contact between the state in which the court has jurisdiction and the defendant, and the notice of the pending action in an adequate fashion. In regards to the...
Words: 704 - Pages: 3
...634 International Law Studies - Volume 62 The Use of Force, Human Rights, and General International Legal Issues Richard B. Lillich & John Norton Moore (editors) JURISDICTION Myres S. McDougal In public and private international law, the word "jurisdiction "-in etymological origin, speaking the law-is used to refer to the competence of a state-the authority of a state as recognized by international decision-makers and by other states-to make law for, and to apply law to,particular events or particular controversies. I emphasize the word particular in order to distinguish, as :.will be seen below, the claims to authority with which we are here concerned from other and more comprehensive claims of state officials to continuous control over bases of power, such as territory and people. It is in this sense-in the sense of competence or authority to prescribe and apply law to particular events-that the subject of Jurisdiction is important to Naval Officers and it is in this sense that, with your permission, I propose to explore the subject. It needs no emphasis to this audience that the Naval Officer is both the agent of the authority of one state and a possible object of the application of authority of other states. The authority of any particular officer may not be coextensive with that of his state, depending upon the hierarchy of command and degrees of delegation, but for determining the lawfulness of a controverted exercise of authority by or upon an officer in events involving...
Words: 4669 - Pages: 19
...Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature excepting suits of...
Words: 4898 - Pages: 20
...Introduction to Law and Jurisdiction Lawanda Kendrick June 6, 2016 Grantham University Situation 1: Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada's Federal Distract 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? This situation would fall under diversity of citizenship being that Mike lives in Utah and Jim lives in Nevada. Diversity of citizenship is the basis for federal court jurisdiction over a law suit between citizens of different states and countries. Mike is suing Jim for $60,000 but the amount in controversy in diversity cases must be at least $75,000. So, yes, Jim is right for arguing that the case should be dismissed for a lack of subject matter jurisdiction. 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? In this case, Bob is wrong because copyright infringement is under the jurisdiction of the Federal courts. Under 28 U.S. Code § 1338 (a) the district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks (LII, para.1). Situation 3: Billy, a Seattle, Washington resident, sues the Orange Corporation, a Texas...
Words: 592 - Pages: 3
...June 1994 till today: Comparisons between Supreme Courts and Subordinate Courts Superiors Court Subordinate Courts 1. They are established under Article 121 of the Federal Constitution. 2. Their jurisdiction and powers are governed by the Courts of Judicature Act 1964 (Act 91)(Revised 1972)(CJA 1964). 3. They have unlimited jurisdiction. 1. They are established by and derive their jurisdiction and powers from the Subordinate Courts Act 1948 (Act 92)(Revised 1972)(SCA 1948). 2. They are generally subject to the control and supervision of the superior courts. 3. They have limited and prescribed jurisdiction. Jurisdiction of superior courts Federal Court (FC) The FC is vested with an original, advisory and appellate jurisdiction, as explained below: 1. Original : It means the case is heard here first. The cases are vested in FC exclusive original jurisdiction under Art.128(1), which are regarding the validity of federal and state laws, and disputes on any other question between states or between the Federation and any States:s82 CJA 1964. It also exercises a consultative jurisdiction when it is necessary. 2. Referral: When a question as to the effect of any provision of the Constitution arises in a proceeding before another court, the Federal Court has jurisdiction to determine the question and remit the case to the other court to be disposed of accordingly(Art.128(2)). 3. Advisory: FC gives its opinion on any question referred to it by the Yang di-Pertuan Agong(YDPA)...
Words: 2090 - Pages: 9
...Jurisdiction Jurisdiction Yes in situation number one, Jim is correct in arguing that the case should be thrown out because of lack of subject matter jurisdiction. Since Jim lives in Nevada, and Mike lives in Utah, then they type of subject matter jurisdiction that would apply here is diversity jurisdiction. The reason is that the lawsuit is for less than $75,000 and they are both from different states under diversity jurisdiction from 28 U.S. Code § 1332 (Cornell, 2015). For situation number two, I would say that Bob is incorrect in arguing that there is no subject matter jurisdiction. The reason I say this is because the subject of the case is copyright infringement, which falls under federal law. “The United States federal courts have exclusive jurisdiction over a very small percentage of cases (e.g., copyright and patent disputes) (Civil Procedure, 2015).” Since there is no diversity in citizenship in situation number two, then diversity jurisdiction is not possible. However, due to the reason for the suit copyright infringement, it could have subject matter jurisdiction under federal question jurisdiction since the matter is a copyright disputes. There are additional conditions that must be met in order for this to happen, “For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law. 28 USC 1331 (Cornell, 2015).” ...
Words: 585 - Pages: 3
...TABLE OF CONTENTS 1. Chapter-1: Introduction……………………………………………….………2 2.1. Jurisdiction: meaning; 2.2. Jurisdiction and Consent. 2. Chapter-2: Kinds of Jurisdiction………………………...…………...........…..5 3.3. Territorial or local Jurisdiction; 3.4. Pecuniary Jurisdiction; 3.5. Subject Matter Jurisdiction; 3.6. Original and appellate Jurisdiction. 3. Chapter-3: Lack of Jurisdiction and Irregular jurisdiction……………..…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles. 5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no: 5.4.1. Territorial jurisdiction; 5.4.2. Pecuniary jurisdiction; 5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35 CHAPTER-1 INTRODUCTION The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same...
Words: 10571 - Pages: 43
...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify...
Words: 665 - Pages: 3
...Personal Jurisdiction American Military University 10/5/15 Personal Jurisdiction 1. The district court is considering whether the exercise of personal jurisdiction is proper. What should it decide and why? The court needs to establish if it has enough cause to exercise personal jurisdiction in this case. There are three things that permit a court to exercise personal jurisdiction, where: 1. The defendant commits intentionally illegal actions. 2. The defendant actions were specifically aimed at the forum state. 3. The defendant causes harm to the plaintiff in the forum state which the defendant knows is likely to be suffering (THE WEATHER UNDERGROUND, INC. vs NAVIGATION CATALYST SYSTEMS, INC, n.d.) I believe the court had enough evidence to prove the defendant, Navigation Catalyst Systems (NCS), purposefully targeted the plaintiff, Weather Underground Corporation, by creating 41 websites covering a number of typographical mistakes to the mark owned by the plaintiff. Forty-one websites weren’t a coincidence. NCS knew exactly what they were doing and because of NCS’s actions, Weather Underground suffered economical damages in Michigan, the plaintiff’s primary place of business. I think the court has more than enough evidence and should exercise personal jurisdiction based in all the facts proven here. 2. Apple, Inc. and Major League Baseball (MLB) signed an agreement for the broadcast of games. MLB will offer two live games per day, subject to black-out...
Words: 415 - Pages: 2
...MALAYSIAN JUDICIAL STRUCTURE THE SUPERIOR COURTS 1. The Federal Court The Apex Court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely, The Privy Council The Supreme Court The High Court Malaya and the High Court Borneo. The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts. In 1994, a significant change took place in the Judiciaryw hen Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established. The Supreme Court was renamed the Federal Court. As a consequence, the three-tiered system of the superior courts was restored. The Federal Court is headed by the Chief Justice. Prior to the amendment the post was known as the Lord President. Members According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court...
Words: 3969 - Pages: 16
...May of 1997, the Farah’s, husband Joseph and wife Elizabeth, made a commitment to uncompromising journalism. As this site is for informational purposes, absent of commercial transactions, the creators are not subject to state jurisdiction. While there are advertisements within the contents of the website, which may open the Farah’s to personal jurisdiction, they do not conduct business operations nor enter into contracts with the viewers of the site’s editorials. Part 2 1. Personal jurisdiction is an issue for creators of websites as it relates to commerce. Commercial transactions are applicable to state law, as states have the right to create common law. 2. Reasons that an owner of a website may be concerned with whether a court is able to obtain personal jurisdiction relates to a court’s ability on how the business end of a website operates. 3. The normal requirements for a court to have personal jurisdiction are: a. Conducting business in the forum state. b. Entering into electronic commerce with state residents. c. Evidence of targeting residents. 4. A court is required to use long arm jurisdiction when any act is not consistent with the Constitution of the forum state or the United States of America. 5. The long arm jurisdiction is an issue for creators of websites because it is a potential risk if their website will deal in commercial transactions; the creators then become subject to the laws of a state where their consumer resides. 6. The “interactive-passive”...
Words: 408 - Pages: 2
...Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken and implemented with effectiveness it would lead to a better result and can be followed by other nations in solving the predicament regarding cyber crimes and criminals. ...
Words: 2824 - Pages: 12
...dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now destined to go to the Special Court once the investigation is completed and charges are laid. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme Court restraining the movement of the Italian Ambassador outside India are also dealt with. Obviously, an enquiry of this nature involves sifting judicial decisions on coastal State jurisdiction over crimes committed from a foreign vessel in an area beyond national jurisdiction in the light of UNCLOS, SUA Act and other relevant international conventions and national legislations. Italy has...
Words: 8730 - Pages: 35
...court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter. Court Levels The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil and criminal act. This claim involves the Civil, Criminal Court and the State Court system. With the property owner being of Swedish citizenship the U.S. District court could be able to get involved. The property owner could opt to sue Mr. Al Jones for trespassing and possible property damage. Trespassing is considered a civil and criminal act, and the civil and criminal courts could get involved. As a result of trespassing, possible charges of damage to the property could be pending depending on the severity of damage done. Property damage in most cases would be considered a civil act and would involve the civil court. If the cases reach a trial and Mr. Jones is not happy with the outcome, and is able to produce evidence, which will benefit the case, the U.S. Court of Appeals may agree to hear the evidence Mr. Jones has. If the U.S. Court of Appeals does not resolve the issue, the U.S. Supreme Court can hear the case. Mr. Al Jones has three alleged claims against him with the possibility of being sued by two different parties. The city could sue for fraud against a municipality and the homeowner could sue for property damage and trespassing. Court Jurisdiction...
Words: 1667 - Pages: 7
...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
Words: 3154 - Pages: 13
