1 Agenda for 32nd Class Slides & Handout on Internet Jurisdiction Refiling after dismissal / res judicata Personal Jurisdiction: –Shaffer, Burnham Next.

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Presentation transcript:

1 Agenda for 32nd Class Slides & Handout on Internet Jurisdiction Refiling after dismissal / res judicata Personal Jurisdiction: –Shaffer, Burnham Next Class –Yeazell (Burger King) –Handout (internet jurisdiction) –Questions to think about / Writing Assignment Briefly summarize Burger King Yeazell pp. 117ff. Q1, 2 Suppose you buy Duck Boots mail order from LL Bean and pay with a check. They send you the boots, but your check bounces. LL Bean sues you in Maine, where it is headquartered. Does the Maine court have jurisdiction over you? Briefly summarize Revell Handout Problems 2-18 to 2-20 (last page of Internet Juris. Handout)

2 Statutes & the Constitution Hypo –Car accident in West Dakota –Defendant is citizen & resident of California –Defendant owns real property in West Dakota –Plaintiff is citizen of West Dakota Is jurisdiction proper if West Dakota has the following statute: “West Dakota trial courts may exercise jurisdiction on any basis not inconsistent with the Constitution of the United States.” (West Dakota Statute I) Is jurisdiction proper if West Dakota has the following statute: “West Dakota trial courts may exercise jurisdiction over an individual only if that individual is a resident or citizen of West Dakota.” (West Dakota Statue II) Is jurisdiction proper if West Dakota has the following statute: –“West Dakota trial courts may exercise jurisdiction over an individual only if that individual is a resident or citizen of West Dakota or if the individual own real property in West Dakota.” (West Dakota Statue III) Remember to consider both whether there is statutory authorization for jurisdiction and whether jurisdiction is constitutional

3 Questions on Shaffer & Burnham Briefly summarize Shaffer P. 100ff Q3, 4 Briefly summarize Burnham Do you think jurisdiction based on presence makes sense? Should it be constitutional? –How far would you extend jurisdiction based on presence? In answering that question, consider: Pp. 145ff Q 3 Grace v. MacArthur, summarized on slide 5 of Class 17 handout Given that Burnham is now established law, how do you think courts should resolve the cases described in –Pp. 145ff Q 3 Grace v. MacArthur, summarized on slide 5 of Class 17 handout