Question
The client, aCalifornia resident looks for a ticket online for a trip to Argentina, and she wants the adventure dancing the Tango on the streets
The client, aCalifornia resident looks for a ticket online for a trip to Argentina, and she wants the adventure dancing the Tango on the streets of Buenos Aires, Argentina.She also wants to travel to Cordoba, Rosario, Salta, and even the ski resort Bariloche, and can do it by train.Online, she sees Ferrocariles Argentinos, the Argentine railway who has Google ads that pop up anywhere in the world when someone enters "Argentine train trip", it then says "Special one month rail pass for US residents only - $299".After seeing it, she buys a ticket online and tells her friend in Arizona to buy one as well, and her friend does buy one.The railway has nooffices in California, but they have an advertising agency in Miami that manages the website.
She will be able to fly to Buenos Aires, shop in la calle Florida,and dance in the club VIRUTA and La Boca and then go on her train trip.She is excited about her trip, and is looking forward to spending time skiing in Bariloche.After she arrives in Buenos Aires, she does indeed tango, having the time of her life.She gets a video of her instructor doing a tango with her.
She leaves Buenos Aires, and while waiting at the Mar del Plata train station, she is standing at the train station, and she watches two trains crash, and she unfortunately is hit by a piece of metal flying from one of the trains, which severely injures her leg.She is devastated, and now can't ski, or tango, and needs a cane to walk.
When she arrives back in the US, she files a lawsuit against the Argentine railway, claiming that they were negligent in the operation of the trains.The railway responds, and claims that they are not subject to the jurisdiction of California courts.
Using the five step process, please tell me how you expect that a court would rule in this case - only on the issue of jurisdiction.
Using the five step process, you will list
FACTS(Focus on relevant facts)
ISSUE(What is the primary issue to be decided)
RULE OF LAW(What is the current rule of law that exists in the area)
APPLICATION(How would the current rule of law be applied to the facts that exist in the case)
CONCLUSION(So, what is the likely ruling in the case.In this section, you might also look at other cases of the court to help you make your ruling)
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