FINAL PROJECT - Business Law - Ashley DaSilva Damasio.docx

FINAL PROJECT - Business Law - Ashley DaSilva Damasio.docx...

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The appropriate court for a lawsuit depends upon several factors. Three important considerations include the following: Personal Jurisdiction, Subject Matter Jurisdiction and Minimum Contacts. “Personal jurisdiction is a court’s power to render a decision affecting the rights of the specific persons before the court.” (Kubasek, p.42) It applies to this case because it only extends to state boarders in state court. However, in federal court is extends across the country. Therefore, it was moved to Federal court. The second factor is Minimum contacts. Minimum contacts is the level of a nonresident defendant's connection with or activity in a state that is sufficient under due process to support the assertion of personal jurisdiction under a long- arm statute. Usually, what’s considered to be minimum contacts include any kind of contract or business practice with someone within the territory, such as insurance contracts sold in a particular local. The final fact is also a consideration to the lawsuit. “Subject matter jurisdiction is a court’s power to hear certain kinds of cases. Most industrialized countries have a single court system, with courts that have the power to hear both national law cases and local law cases. In contrast, the United States has both a state and a federal court system. Subject-matter jurisdiction determines which court system may hear a particular case. Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction.” (Kubasek p.43) This applies to case because it determines if the case should be tried in state or federal court. In this case, it was moved to Federal court because the company was incorporated in a different state, so it extends outside the state boarder. It was agreed that his argument lacked subject-matter jurisdiction. There are different options to settle this conflict. Alternative dispute resolution may be an option to resolve this dispute. “The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury
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trials, minitrials, neutral case evaluations, and private trials. Organizations often use ADR to resolve disputes involving contracts, insurance, labor, the environment, securities, technology, and international trade.” (Kubasek, p.71) Many businesses prefer ADR simply because it is generally cheaper and faster than going through the court system. ADR is a confidential route opposed to going through the courts which it then becomes public record. Many forms of ADR are less antagonistic than litigation, many parties are able to preserve their business relationship. Recently the courts have been very supportive of recommending ADR to settle many lawsuits.
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