Mary Watson, a resident of Shawnee County, Kansas, wishes to bring an invasion of privacy lawsuit against Snowball, Inc., because the company used a photograph of her, without her consent, in an advertisement for one of its products. The photograph was taken while she was hiking in the mountains of Colorado. Watson will ask for damages of $100,000 from Snowball, a corporation located in Summit County, Colorado. The ad was published in a Denver newspaper. Snowball also placed the ad on its website that is accessible by anyone with Internet. Mary comes to you for advice. How would you answer the following questions?

1. If Mary wants to file in state court, where is jurisdiction proper? Explain.

2. Where is venue proper? Explain.

3. If Mary wants to file her claim in federal court, can she? Explain.

4. If Mary files a claim in state court but Snowball wants the claim resolved in federal court, does the company have any rights? Explain.

ACTIVITY 2-COURT PROCEDURE

Using the above scenario between Watson and Snowball, answer the following questions:

5. If Mary files her lawsuit in state court in Kansas, what procedural steps will occur from the beginning until the end of the suit?

6. Snowball wants to file a summary judgment motion. Under what circumstances is that appropriate?