Saturday, October 19, 2019
Business law Essay Example | Topics and Well Written Essays - 500 words - 31
Business law - Essay Example Sufficient Minimum Contacts means that the defendant must have taken actions purposefully directed towards a resident or organization within the Forum State. Therefore, bearing in mind the Della and Berry did business with an Indiana client, Sufficient Minimum Contacts were established. The Indiana court can exercise jurisdiction over the defendant party. In Rem Jurisdiction refers to exercise of power by court over property or status against a defendant with whom the court does not have In Personam Jurisdiction. It applies in this case because the complainant aims at suing an out-of-state business. Moreover in 1(c), the Indiana client cannot file a federal suit. According to Concurrent Federal Jurisdiction the federal courts can hear cases in instances of diversity of citizenship (the parties involved are citizens of different States or Non-citizens of the United States) whereby the claim amounts to value of money exceeding $75, 000. The case filed by the Indiana client would be too minor to be heard in a federal court. In 2 (a), the defendant can apply several written responses that include; General Denial response to say that there is nothing in the complaint is true, a Demurrer response telling the court that the complaint is insufficient, or a Motion to Strike response that requests the court to remove something out of the complaint. In 2 (b), there are several discovery forms that can be used including; deposition (asking a witness or party to respond to questions orally under oath in presence of a court reporter), interrogatives (written questions sent to a party to answer in writing under oath), and a request for admission (a request sent to a party to admit to certain facts). In 2 (c), the final pretrial conference is held to outline the issues of the case and set timeframes procedural matters and the legal process. In scenario 3 (a), the Common Pleas Court has the jurisdiction to hear the case because it involves parties
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.