Problem
For each scenario listed below, answer these questions. Reminder to include two references outside the course material.
• Distinguish between subject matter and personal jurisdiction of each case. Use the following videos to help you understand the difference.
• Write and discuss the standard the court will use to determine whether jurisdiction exists. Give me your facts based on the chapters and videos covered.
Do NOT key in the scenario as part of your answer!
Situation I: Jeff, a Missouri resident, sues Ted, a Virginia resident for $90,000 in Virginia's Federal District court for negligence (a state law civil suit). Ted argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Situation II: Bill, a Colorado resident, sues Jennifer, also a Colorado resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in Colorado. Jennifer argues that there is no subject matter jurisdiction. Is he right?
Situation III: Bette, a Denver, Colorado resident, sues the Lemon Corporation, a Tennessee corporation, under a breach of contract (a state law cause of action) in Colorado State Court for $350,000. The Lemon Corporation does most of its business in Tennessee. It is incorporated in Tennessee, and its Corporate Headquarters are located in Nashville, TN. However, the Lemon Corporation does have a branch office in Denver, Colorado where it employs a single salesman. Additionally, the corporation advertises in Denver. The corporation argues that Colorado lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question, that Colorado 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 IV: Same facts as above. Assume the court finds there is personal jurisdiction. Can the Lemon Corporation have the case removed to federal court?
The response should include a reference list. One-inch margins, Using Times New Roman 12 pnt font, double-space and APA style of writing and citations.