Alan Pun: Read Application 6.8 on Page 179 of the textbook. I suggest you draw a map illustrating the facts given. Answer the following questions. You do NOT have to comment on a classmate's post: 1. Is there federal subject matter jurisdiction? WHY or WHY NOT? Explain yourself! 2. What states have personal jurisdiction? WHY OR WHY NOT? Explain yourself! I'm more concerned that you demonstrate you understand the rule than whether your conclusion is correct. Amelia Ho: Before developing the subject we must know that, in the legal system of the United States, a long-arm statute is a law which allows a court to exercise jurisdiction over people and companies in other states. Jurisdiction is typically limited, for various reasons, but when connections to another state are strong enough, courts in that state may use an outstretched statute to justify hearing a case in their jurisdiction. Many states have reciprocal laws of this nature that extend the long-arm statutes as a courtesy to other states. There are several ways in which jurisdiction is limited. In the case of a long-arm statute, the law involved is the law that limits personal jurisdiction, determining where people can be tried based on their residency and connections. Normally, a court in, for example, Illinois, cannot hear a lawsuit involving someone who is a resident of Texas. This would be considered a "hostile" lawsuit, as the defendant would be forced to travel to Illinois to appear in court. However, if the Texas resident has sufficient connections to Illinois, an Illinois Court could use a long-arm statute to argue that it can hear the case and is no longer hostile as a result of the defendant's connections. For example, if the Texas resident was involved in an accident or other incident in Illinois, spends part of the time in that state, or does business in Illinois on a regular basis, these connections would be considered sufficient to justify being brought before an Illinois court. Similarly, if a business in Arkansas had a branch in Georgia or shipped products to Georgia, it could be taken to court in Georgia. Regarding the first question. The Federal District Court does not have jurisdiction over the matter of the case, since it only has access to cases that do not involve other states, since the State or Federal District Judicial System has courts that handle specific legal matters, for example, probate court (wills and successions); Juvenile court; Family Court; Among others, while the Federal Court System also called the Supreme Court or Supreme Court has jurisdiction over the entire territory of the country which allows it to make use of the Long Arm Law without restrictions, since this Court takes the cases that involve "diversity of citizenship", which are disputes between two parties that are not from the same state or country, and where the claim meets a dollar limit established for damages, since cases that arise in a "federal issue" that involve to the Government of the United States, the Constitution of the United States or other federal laws. About question 2. The district courts of the United States are the primary trial courts of the federal court system. Within the limits established by Congress and the Constitution, the district courts have jurisdiction to hear almost all categories of federal cases, both civil and criminal, but only cases pertaining to their limiting location, so that State X courts do not have personal jurisdiction over Donner Industries, because these are State Courts and cannot legally handle cases involving the Long Arm Act. Well Peter lives in state X and bought a product that is sold in state Y, being an A-5 rocket, which he manufactures Donner Industries in its only place of operations in state Z but is incorporated in the state of Delaware, so that in this case, by incorporating several locations in the country, it is necessary to bring the lawsuit through the Federal Court System, otherwise it would be a null case. Regarding question 3. If Peter sues Donner Industries in State X, the case can be heard in the Federal District Court but it cannot be enforced because it is a State Court, because although it represents the State Courts, the case is not presented directly to the Court. Federal of the United States, cannot carry out a criminal process because each Court has its limitations and if it were to do so, the case would be illegal, being processed as dismissed, since Donner Industries would argue as a defense that in state X where the events occurred, it is not incorporated, not It has neither operations nor distribution of its product, so it does not present any direct connection like state X. Now, since the events occurred in state X, but the purchase was in state Y, the production of the model rocket called A -5 is held in state Z but the defendant Donner Industries is established in state Delaware, a Lawsuit cannot be processed in state X because it was dismissed to by limit of Jurisdiction of the State Court. For to make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction and jurisdiction over the matter. The rules of personal jurisdiction determine whether a court has power over a particular defendant, while the jurisdiction of the matter establishes the power of the court to hear the type of case that involves a lawsuit. So the state court in this case has personal jurisdiction but does not present jurisdiction over the matter, which is why the case must be presented before the Federal Court of the United States. About question 4. Peter suffered personal physical injuries as well as damage to his home from what he says is a malfunction in a Donner Industries Model A-5 rocket. So when he wants to sue, it must be clear who he will sue if the company or a specific person, in fact, in this case it must be told to the company directly, since Peter did not have direct contact with any seller or with anyone. that linked him directly to the company, but decided to buy a product through the advertising that said company broadcasts through an advertisement on the radio. If so, the Peter, through a practicing lawyer, must issue the summons and the complaint of the lawsuit directly to Donner Industries, be delivered in the state of Delaware because there where it is incorporated, this being the headquarters where the Administrative and Executive part of it. When taking the case to the Federal Court, this will be in charge by means of a bailiff or private process server to personally deliver the court documents at the location in Delaware, directed to the Donner Industries company. These types of notifications must be made personally, since a signature and / or delivery stamp is necessary to prove that it was notified, remaining as probative evidence. Regarding question 5. By taking the first step to assert your legal rights by sending a demand letter, requesting that the other party act and comply with its obligations, having a specified deadline but is left with no response either because the other party did not want to receive it or because does not want to answer, as there are several steps they can take if no response is received: 1. Submit a notice of final claim. If a demand letter is not received or is not responded to, it is considered to send a final demand letter. Which is usually a very short and neat letter that attaches your previous correspondence and gives the party seven more business days to comply with the demand. Your original demand letter may not have been seen or you are still sitting at someone's desk to act. By submitting a notice of final claim, you can potentially avoid the additional costs of taking the matter to court. As well as sending again through a bailiff and a police officer as an obligation to receive, this must be in charge of the Federal Court through the lawyer of the case. 2. You must send the lawyer representing the case to mediate directly to the company, so that you can know directly if the letter and the notification were received as well as being able to directly expose the points of why the decision was made and estimate a I agree before reaching the Trial but if they refuse to continue with the lawsuit procedure and that the Court make a decision in the Trial. It is necessary that before the trial date exactly after delivering the notification to the company, the lawyer representing the defendant can attend to communicate directly with the defendant, to know if he is willing to reach an agreement in front of the Court for the acceptance of their positions or if the Supreme Court should take the case to the last instances. Nice to help you, I hope it is of your understanding and usefulness, don't forget to rate, thank you very much.