1. Chapter 1:
Jurisdiction and Venue in Cyberspace

2. 1.1 1.2 1.3 Explain the history of the Internet.
Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction and in rem jurisdiction.
1.3
Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

3. 1.4
Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website.
1.5
Describe the purpose of a choice of law provision and a forum selection clause in an online contract.

5. 1.1
Explain the history of the Internet.

6. History of the Internet
1.1
History of the Internet
Arpanet: military research network established in 1968
Arpanet purpose: connect government computers across country during wartime
Arpanet: sponsored by Advanced Research Projects Agency (ARPA) of the U.S. Department of Defense
J.C.R. Licklider: first head of computer research program at ARPA

7. Definition of Cyberlaw
1.1
Definition of Cyberlaw
Cyberlaw: the field of law dealing with the Internet, encompassing cases, statutes, regulations, and disputes that affect people and businesses interacting through computers

8. 1.2
Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction, and in rem jurisdiction.

9. 1.2
Jurisdiction
Jurisdiction: a court’s power to decide a particular case
Subject matter jurisdiction: jurisdiction over a particular subject matter (e.g. bankruptcy)
In rem jurisdiction: jurisdiction over a particular thing or property (e.g. probate cases)
Personal jurisdiction: jurisdiction over a particular person

10. Personal Jurisdiction
1.2
Personal Jurisdiction
International Shoe Co. v. Washington: U.S. Supreme Court established “minimum contacts” test for personal jurisdiction
State can exercise personal jurisdiction over defendant if defendant has minimum contacts with the forum state

11. Case Study: Boschetto V. Hansing
1.2
Case Study: Boschetto V. Hansing
Court held that private seller who sold vehicle on eBay did not have sufficient “minimum contacts” to support personal jurisdiction
Long arm statue: statute that provides for jurisdiction over nonresident defendant who has had some contact with the forum

12. 1.3
Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

13. 1.3
Service of Process
Service of process: the formal delivery of a writ, summons, or other legal process. Also called “service.”
Types of service under FRCP 4
Service via electronic means?

14. 1.4
Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website.

15. Minimum Contacts for Websites
1.4
Minimum Contacts for Websites
Sliding scale for passive and active websites
Passive website by itself usually not sufficient contact
More interactive website may involve exercise of personal jurisdiction
Decided on a case-by-case basis

16. 1.5
Describe the purpose of a choice of law provision and a forum selection clause in an online contract.

17. Choice of Law Provision
1.5
Choice of Law Provision
Choice of law: which jurisdiction’s law should apply in a given case
Choice of law provision: contractual provision where parties designate the jurisdiction whose law will govern any disputes that may arise between the parties
Purpose of choice of law provision: predictability

18. Forum Selection Clause
1.5
Forum Selection Clause
Venue: proper place for a lawsuit; county where trial court has jurisdiction
Forum selection clause: contractual provision where parties establish the place (such as the country, state or type of court) for specific litigation between them
Purpose of forum selection cause: save time and money with litigation

19. 1.1 1.2 1.3 Explain the history of the Internet.
Describe the different types of jurisdiction, including subject matter jurisdiction, personal jurisdiction and in rem jurisdiction.
1.3
Discuss how service of process plays a critical role in the commencement of litigation and how service of process can be effectuated via electronic means.

20. 1.4
Explain what activities are considered minimum contacts for a website owner and the sliding scale used by courts for passive and active website.
1.5
Describe the purpose of a choice of law provision and a forum selection clause in an online contract.