Jurisdiction APA
Is there Jurisdiction?
[Insert Name Here]
[Insert Additional details here]
Situation 1:
Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Under the circumstances, since Mike lives in Utah and Jim lives in Nevada then the type of subject matter jurisdiction that applies is diversity jurisdiction. Under 28 U.S. Code § 1332 - Diversity of citizenship; amount in controversy; costs (http://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=28:1332) the sum of the amount Mike is asking for does not exceed 75,000 dollars and so Jim is valid for filing lack of subject matter jurisdiction.
Situation 2:
Bill, a California resident, sues Bob, also a California resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in California. Bob argues that there is no subject matter jurisdiction. Is he right?
Since there is no diversity in citizenship than diversity jurisdiction is out of the question. There are many forms of copyright infringement now a days thanks to the internet, so it really depends on the particular copyright infringement that Bill is suing Bob for. The federal court has to take into consideration if the victim intentionally committed the act. There is a difference between a person unknowingly using a design found on the worldwide web for financial profit than that compared to somebody who accidentally made a creation of their own imagination for profit. Second, if the defendant directly created the false profile of the business using the business as a target. If the victim intended to harm the possessor or the business that holds the ownership of the copyright in any way or form it is taken into consideration towards the case. Third, if the plaintiff suffered damages because of the act in the state.
[Insert Name Here]
[Insert Additional details here]
Situation 1:
Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Under the circumstances, since Mike lives in Utah and Jim lives in Nevada then the type of subject matter jurisdiction that applies is diversity jurisdiction. Under 28 U.S. Code § 1332 - Diversity of citizenship; amount in controversy; costs (http://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=28:1332) the sum of the amount Mike is asking for does not exceed 75,000 dollars and so Jim is valid for filing lack of subject matter jurisdiction.
Situation 2:
Bill, a California resident, sues Bob, also a California resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in California. Bob argues that there is no subject matter jurisdiction. Is he right?
Since there is no diversity in citizenship than diversity jurisdiction is out of the question. There are many forms of copyright infringement now a days thanks to the internet, so it really depends on the particular copyright infringement that Bill is suing Bob for. The federal court has to take into consideration if the victim intentionally committed the act. There is a difference between a person unknowingly using a design found on the worldwide web for financial profit than that compared to somebody who accidentally made a creation of their own imagination for profit. Second, if the defendant directly created the false profile of the business using the business as a target. If the victim intended to harm the possessor or the business that holds the ownership of the copyright in any way or form it is taken into consideration towards the case. Third, if the plaintiff suffered damages because of the act in the state.
References: Legal Information Institute 28 U.S. Code § 1332 Diversity of citizenship; amount in controversy; costs; Retrieved from: http://www.law.cornell.edu/wex-cgi/wexlink?wexns=USC&wexname=28:1332 Jurisdiction of Copyright Infringement; Retrieved from: http://faculty.ist.psu.edu/bagby/432Spring12/T15/jurisdiction.html Personal Jurisdiction in Federal Courts; Retrieved from: .http://civilprocedure.uslegal.com/jurisdiction/personal-jurisdiction/personal-jurisdiction-in-federal-courts/