outline LEOB - Dean Search Judge Cerski Legal Environment...

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Dean Search Judge Cerski Legal Environment of Business 18 October 2011 Outline I. Schools of Jurisprudence a. Schools of Jurisprudence (Hypothetical #2) F: Pa. C.S.A. 2701 Simple Assault I: What School of Jurisprudence best describes this? ROL: If a written law were presented then it would best describe the Positive School of thought. b. Schools of Jurisprudence (Hypothetical #3) F: For over 2000 years I: What School of Jurisprudence best describes this? ROL: If a law from the past has been carried out through time then this would best represent the historical school. c. School of Jurisprudence (Hypothetical #4) F: The separation of blacks and whites cannot be permitted I.: What School of Jurisprudence does this apply to? ROL: If the considers the needs of society then this would best represent the Legal Realism School of thought. d. History of Judiciary (Hypothetical #6) F: Neighbor swims in your Olympic size swimming pool every morning I: What court should hear your claim and what remedies are available to you? ROL: II. Court Requirements a. Personal/InRem Jurisdiction (Hypothetical #9) F: Aunt Zelma dies in Florida and leaves her property to her son. Dispute between son and daughter. I: Does Florida have Jurisdiction in this case? ROL: If the property is in Florida then Florida has personal jurisdiction over this case. b. Personal Jurisdiction (Hypothetical #10) F: Construction on PA route 309 and Sarah (NY resident) crashes I: Does New York have personal jurisdiction over the case? ROL: If the car accident occurred in Pennsylvania then Pennsylvania has specific personal jurisdiction over Sarah because her actions leading up to the accident did not occur in New York. c. Personal Jurisdiction (Hypothetical #11) F: Busch Gardens, food poisoning 1
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I: Does Pennsylvania have personal jurisdiction over Busch Gardens? ROL: Yes, if there are sufficient minimum contacts such as advertising (which there is)then they can have jurisdiction over the case. d. Personal Jurisdiction (Hypothetical #12) F: Jeremy breaks surfer guys nose in Florida. Jeremy = Pennsylvania; Surfer Guy = California I: A case is brought to California State Court. What is your reaction? ROL: If California did not have any continuous or systematic contacts then they should not have general personal jurisdiction over the case. Also, because the action did not happen in California, California does not have specific personal jurisdiction. e. Personal/InRem Jurisdiction (Hypothetical #14) F: ABC Company and one hundred widgets I: What court will have personal jurisdiction? ROL: If the contract states that disputes will be resolved in Arizona then Arizona will have personal jurisdiction. f. Subject Matter Jurisdiction (Hypothetical #17) F: Constance’s waffle house and Barack Obama I: Should the case be dismissed from Federal Court? ROL: If the case already has a federal question in it then there is no
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outline LEOB - Dean Search Judge Cerski Legal Environment...

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