BUS 206 Milestone One
The appropriate court for this lawsuit depends upon several factors. Three important considerations include the following:
Personal jurisdiction is whether a court has power over the person being sued. In this
case, Donald Margolin is filing suit in New York against Novelty Now and against Chris, Matt
and Ian of Funny Face. In this situation, the personal jurisdiction would not apply. Chris, Matt
and Ian live in California and work with Novelty Now in the State of Florida. Even while
traveling through other states to get to Florida and do their business, they would not pass through
or come close to the State of New York. However, because Chris, Matt and Ian sell their product
on the internet and using social media websites, there very well could be personal jurisdiction in
New York, if someone living there has ever bought their product online.
A minimum contact is a term used to determine whether or not a court in one state can
declare personal jurisdiction over a defendant from another state. In this situation the court
would need to determine if Chris, Matt and Ian live in Florida, have visited or have ever done
business there and if so, personal jurisdiction would apply.
Subject matter jurisdiction determines which courts, state or federal, can hear specific
types of cases or those relating to a specific subject matter. For instance, federal jurisdiction or
those cases heard in federal courts that pertain to things like bankruptcy, trademark or copyright
claims, Federal criminal prosecutions or admiralty cases. Concurrent federal jurisdiction hears
cases that are federal-question and those that are diversity-of-citizenship cases. These can be
heard in either state or federal courts. State jurisdiction is all those other cases that do not meet
the requirements of a federal or concurrent-federal jurisdiction.
In Margolins lawsuit against Funny Face, Chris, Matt and Ian, and Novelty Now, the
courts would need to refer to the term minimum contacts to determine if Chris, Matt and Ian
have ever done business, visited or have lived in New York and if so personal jurisdiction would
apply and the defendants may need to defend their case in New York. Subject matter jurisdiction
Personal jurisdiction is whether a court has power over the person being sued. In this
case, Donald Margolin is filing suit in New York against Novelty Now and against Chris, Matt
and Ian of Funny Face. In this situation, the personal jurisdiction would not apply. Chris, Matt
and Ian live in California and work with Novelty Now in the State of Florida. Even while
traveling through other states to get to Florida and do their business, they would not pass through
or come close to the State of New York. However, because Chris, Matt and Ian sell their product
on the internet and using social media websites, there very well could be personal jurisdiction in
New York, if someone living there has ever bought their product onlin...
