Jurisdiction In Court Case Summary
Chapter 3 – Jurisdiction
State Court:
Subject Matter Jurisdiction
Personal Jurisdiction:
Defendant voluntarily subject themselves by:
Forum Selection Clause
No challenge of lawsuit
OR Defendant is a resident (can be sued at permanent place of residence/business)
OR Defendant is served with process while in the state (plaintiff files complaint, defendant receives summons = process once received, clock starts ticking)
OR Defendant did business, entered/breached a K or committed a tort in the state & the suit relates to that conduct
OR Defendant has “sufficient minimum contacts” with the state (ex. Students at UMiami who permanently live in another state, have “sufficient minimum contacts” with Florida, social visits do not count)
Federal Court: …show more content…
– contracts for sale of goods (tangible, personal property)
Common Law – contracts for Real Estate or services
Chapter 10 – Mutual Assent
Offer offeror intends to enter k, knows material terms (identify parties, subject matter, consideration, quantity), communication
Advertisements are not offers EXCEPT highly specific
Duration/termination of offer
After expiration can receive counter offer
Terms of offer, “reasonable time”
Revocation offeror can revoke at anytime prior to acceptance, effective when received
Except:
Option k – offeree pays offeror to keep offer open
Firm offer for sale of goods
Offer made by merchant
AND written/signed offer
AND states it will be held open
Irrevocable for time stated max 3 months (if says it will be held open for 6 months, irrevocable for 3)
State Court:
Subject Matter Jurisdiction
Personal Jurisdiction:
Defendant voluntarily subject themselves by:
Forum Selection Clause
No challenge of lawsuit
OR Defendant is a resident (can be sued at permanent place of residence/business)
OR Defendant is served with process while in the state (plaintiff files complaint, defendant receives summons = process once received, clock starts ticking)
OR Defendant did business, entered/breached a K or committed a tort in the state & the suit relates to that conduct
OR Defendant has “sufficient minimum contacts” with the state (ex. Students at UMiami who permanently live in another state, have “sufficient minimum contacts” with Florida, social visits do not count)
Federal Court: …show more content…
– contracts for sale of goods (tangible, personal property)
Common Law – contracts for Real Estate or services
Chapter 10 – Mutual Assent
Offer offeror intends to enter k, knows material terms (identify parties, subject matter, consideration, quantity), communication
Advertisements are not offers EXCEPT highly specific
Duration/termination of offer
After expiration can receive counter offer
Terms of offer, “reasonable time”
Revocation offeror can revoke at anytime prior to acceptance, effective when received
Except:
Option k – offeree pays offeror to keep offer open
Firm offer for sale of goods
Offer made by merchant
AND written/signed offer
AND states it will be held open
Irrevocable for time stated max 3 months (if says it will be held open for 6 months, irrevocable for 3)