Chapter 2: More on JURISDICTION. Due Process u Can only be sued where action does not offend “traditional notions of fair play & substantial justice”

Slides:



Advertisements
Similar presentations
Chapter 3 The American Judicial System, Jurisdiction, and Venue
Advertisements

1 Agenda for 22nd Class Admin –Name plates –Handouts Slides Internet Jurisdiction –Lunch sign up This Friday, 12:30 Meet outside Rm 433 (Faculty Lounge)
Courts and Alternative Dispute Resolution
Copyright © Jeffrey Pittman Jurisdiction. Pittman - Cyberlaw & E-Commerce 2 Jurisdiction refers to a court’s power to hear and decide a case –
Chapter 18: Torts A Civil Wrong
David Achtenberg Holmes (BETA) Contact Information.
Chapter 2: Court Systems and Jurisdiction
(c) West Legal Studies in Business A Division of Thomson Learning 1 Federal and State Jurisdiction Question: –My offline business or my online business.
ABA Internet Jurisdiction Project Chicago-Kent College of Law Illinois Institute of Technology Henry H. Perritt, Jr., Dean & Professor of Law Margaret.
Jurisdiction over E-Commerce Transactions: United States Law The Uniform Computer Information Transactions Act October 26, 2004 The Hague John Rothchild.
Internet Jurisdiction Law of e-Commerce Copyright, Peter S. Vogel,
1 The Resolution of International Disputes Chapter 3 © 2002 West/Thomson Learning.
Chapter 2: Courts and Alternative Dispute Resolution Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
Abbreviated Chapter Outline
CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS.
Libel: Summary Judgment
Mon. Nov. 25. claim preclusion issue preclusion.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
International and DRM Cases in New Media Steve Baron November 30, 2010.
CONCEPTUAL FRAMEWORK Choosing a Trial Court
Legal Environment of Business (Management 518) Professor Charles H. Smith The Court System (Chapter 2) Spring 2005.
Chapter 2 Courts and Jurisdiction
Courts, Jurisdiction, and Administrative Agencies
CHARTERERS’ DEFAULT: Security and Discovery in the U.S. By Charlotte Valentin.
Unit 2 Seminar Jurisdiction. General Questions Any general questions about the course so far?
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 2 Traditional and Online Dispute Resolution.
Dispute Resolution Chapter 2. Judicial Review Marbury v. Madison –Establishes the idea of judicial review.
CIVIL PROCEDURE CLASS 38 Professor Fischer Columbus School of Law The Catholic University of America November 18, 2005.
Copyright © 2011 by Jeffrey Pittman.  Note the difference between federal and state court systems in the U.S., and the key concept of judicial review.
CIVIL PROCEDURE CLASS 33 Professor Fischer Columbus School of Law The Catholic University of America November 11, 2002.
Lawsuits Sans Frontiers Personal Jurisdiction Meets the World Wide Web Steven L. Baron MM450 April 18, 2006.
BA 619 Legal Environment of Business Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law.
Thurs., Oct. 17. PERSONAL JURISDICTION IN STATE COURT.
The American Court System Chapter 3. Why Study Law And Court System? Manager Needs Understanding Managers Involved In Court Cases As Party As Witness.
Civil Law. The Basics Plaintiff - The party bringing the lawsuit; can be either a private individual, a corporation or a government entity; Plaintiff.
Wed, Aug ) Brief description of subject matter of course a) why does Civ Pro seem to hard? b) three main themes in course c) quick overview of a.
Criminal & Civil Law Chapter 15. Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges.
Thurs. Sept. 27. PERSONAL JURISDICTION IN STATE COURT.
Thurs., Oct. 3. PERSONAL JURISDICTION IN STATE COURT.
Tues. Dec. 4. issue preclusion If in an earlier case an issue was - actually litigated and decided - litigated fairly and fully - and essential to the.
The Judicial System The Courts and Jurisdiction. Courts Trial Courts: Decides controversies by determining facts and applying appropriate rules Appellate.
Libel Different types, how to avoid it This is how you keep your job.
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
CIVIL PROCEDURE CLASS 32 Professor Fischer Columbus School of Law The Catholic University of America November 8, 2002.
1 Agenda for 23rd Class Admin –Name plates –Handouts Slides Internet Jurisdiction –No TA office hours after this week –Prof. Klerman office hours for rest.
1 Agenda for 30 th Class Slides Exam –What would you prefer: 3 hour in-class exam OR1 hour in-class exam + 8 hour take-home –Notes on take home Exam questions.
Tues. Oct. 9. PERSONAL JURISDICTION IN STATE COURT.
Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law.
Courts and Alternative Dispute Resolution Chapter 2.
BA 665 Computers and the Law Introduction to the Law Jody Blanke, Professor Computer Information Systems and Law.
Civil Law An overview of Tort Law – the largest branch of civil law Highlight the differences between tort law and criminal law How torts developed historically.
Is the Foreign Supplier “All In”? Service and Personal Jurisdiction in a Global Economy Mark D. Katz Coronado Katz LLC 14 W. Third Street, Suite 200 Kansas.
Chapter 2: Court Systems and Jurisdiction
Types and Sources of Laws
COURT SYSTEMS AND JURISDICTION
Burger King.
Thurs. Oct. 18.
Chapter 3 The American Judicial System, Jurisdiction, and Venue
Jurisdiction Class 3.
Chapter 2: Courts and Alternative Dispute Resolution
Engagement Agreement Formalizes the attorney-client agreement
Jody Blanke, Professor Computer Information Systems and Law
COURT SYSTEMS AND JURISDICTION
Introduction to the Law
Wed., Nov. 5.
Introduction to the Law
Chapter 1: Jurisdiction and Venue in Cyberspace.
Chapter 1 Test Review.
Thurs., Sept. 26.
Presentation transcript:

Chapter 2: More on JURISDICTION

Due Process u Can only be sued where action does not offend “traditional notions of fair play & substantial justice” u Translation -- Under the circumstances, would I be surprised if I were sued in a particular venue for some harm that I allegedly caused.? u Application -- Decide what seems “fair” first, then manipulate legal context to reach that determination

U.S. Court Jurisdiction on the Internet General Jurisdiction u Defendant has engaged in continuous and systematic business activity within the state u Lawsuit may be unrelated to actual activities in the state. u I.e., defendant may be sued on any matter in the state once jurisdiction is established.

Specific Jurisdiction D efendant does not conduct substantial business within the state, but plaintiff’s claim arises out of defendant’s contacts with the state, which are sufficient that it is “just” to force a legal defense in that state.  Factors courts weigh to determine if contacts are sufficient: u Purposeful Availment: Degree to which defendant purposefully directed activities within the state u Relatedness: Degree to which claim arises from defendant’s contacts with the state. u Reasonableness: Degree to which jurisdiction is reasonable based on issues such as defendant's burden, plaintiff's [in]convenience and state’s interest in entertaining the suit.

Specific Jurisdiction and the Internet u Lawsuit s/b related to Internet contacts u Sliding Scale Analysis for ‘Purposeful Availment’ Business conducted in state over the Internet (yes) Information exchanged with persons in state (maybe) –Commercial Interactivity –Evidence of targeting the state Passive (no) u Effects Test for ‘Purposeful Availment’ Intends to cause brunt of harm in the state. The increasing importance of Targeting

Highlighted Cases and Examples u The Blue Note case Passive site u Jeske v. Fenmore Interactive site u Verizon v. Ralsky Use of effects test in spam case u Pavlovich v. Santa Clara County (DeCSS case) Passive site Did not target harmful effects from trade secret misappropriation into California u Yahoo! auctions in France [see text] u ElcomSoft and the DMCA in U.S. [see text]

Other Examples u Bangoura v. Wash. Post UN official in Kenya moves to Canada and sues for defamation – no personal jurisdiction in Canada u Young v. New Haven Advocate Local story allegedly defames Virginia prison guard – no personal jurisdiction in Va. u Bell v. Imperial Palace Hotel Back injury in Las Vegas hotel not sufficiently related to Internet contacts to support jurisdiction.

Can the Judgment be Enforced? u Full faith and credit within/across U.S. states u International agreements vary widely Hague Convention negotiations u Importance of suing multinational corporations with local, reachable assets u Yahoo! example