Question
Alex is a young entrepreneur who sells handmade necklaces made from local seashells she gathers near her home in St. Augustine, Florida. Alex sells her
Alex is a young entrepreneur who sells handmade necklaces made from local seashells she gathers near her home in St. Augustine, Florida. Alex sells her wares via the internet and ships them throughout the country using the United States Postal Service. Successful in her business, Alex buys a small cabin in Tennessee so that she can relax in the winters and enjoy nature. In an effort to grow her business, Alex has asked her friend Amber to loan her $75,000. Amber agrees but insists she must receive security in return. Amber secures a mortgage on the cabin for collateral. Alex uses the money to have a new warehouse constructed in Savanah, Georgia because she finds the shells better there. Two months into the construction, Snakeinthegrass Contractors goes out of business, leaving Alex nothing but a concrete slab for her money. Devastated, Alex quits the seashells business and stops paying Amber the monthly payments agreed upon. Amber calls and threatens to foreclose on the cabin. Upset, Alex drives to Mississippi where Amber lives, and vandalizes her mailbox. Alex then moves to northern California and begins living in the forest.
If Amber wanted to foreclose on the cabin, which state has jurisdiction to hear the case and why? If Amber wanted to sue Alex for the damages to her mailbox, which state has jurisdiction and why? Could Alex sue the construction company while living in California? If so, which state has jurisdiction? Could Sam, a customer who bought a necklace from Alex and who lives in RhodeIsland, sue Alex? If Alex now lives in California, in what state must he file suit?Be sure to discuss personal jurisdiction, subject matter jurisdiction, In Rem jurisdiction, and anything else relevant to our scenario.
- Discuss whether or not the court has proper jurisdiction. You should discuss on what basis the court has jurisdiction, or in the alternative, why you believe it does not.
- What are the various types of jurisdiction the court must have and how must it be established?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started