Jurisdiction Case Studies Samples For Students

Parties: Petitioner; Goodyear Dunlop Tires Operations, S. A., et al. Respondent; Brown Et Ux., Co-Administrators of the Estate of Brown, et al
Procedural History/ Case Nature: The respondent filed a case in North Carolina State Court, against the petitioners. The cause of action had occurred in France. The petitioners argued against the jurisdiction of the North Carolina court, at the trial court. The court of first instance held that it had jurisdiction over this matter. The petitioners appealed the case in the North Carolina Court of Appeal, where the court affirmed that it had general jurisdiction over the matter.
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Introduction

The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become politically salient and ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case?
The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

Reason/Rationale: Determination of differences and implemented benchmarks between UAE and UK law enforcement system.

Abstract 3
1) Introduction 4
2) Background 4
3) Key Points 5
4) Issues and Problems 6
5) Discussion 6
6) UAE Law Enforcement 7
11) Conclusion for UAE 10
12) UK Law Enforcement 11
17) Conclusion for UK Law Enforcement 14
18) Way forward 15
19) Conclusion 15

References 16

Appendices 18
Abstract
Law enforcement systems were created to put forward the initiatives of the criminal justice system particularly in ensuring that the full force of the law is in full swing. However, given the size of ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Knarles and Barkley Case Study

Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

Introduction

The United States constitution gives every state the sovereign right to tax any property, tangible or intangible, which is within its jurisdiction. However, the same constitution grants Congress the power to limit any such rights in exercising its federal authority. The federal government limits the taxation powers in property that is involved in interstate commerce . Therefore, there is debate towards distinguishing between interstate commerce and property involved in interstate commerce within the jurisdiction of a state. Understanding the difference between these two aspects is more of a legal matter. This research analyses the rules and laws regarding state taxation power and ...

Legislation Interpretation

Purpose of Judicature Act 1908
The Act provides for rules that are to be used in securing and ensuring just, speedy and cost-effective determination and disposal of all sorts of civil proceedings and interlocutory applications in New Zealand. Section 1.4 of the Act provides that the rules set by this Act shall apply to the practice and procedures of the court in all civil proceedings and interlocutory application except in cases where appeals are filed to the Court of Appeal of Supreme Court (Judicature Act 1908).

Proposed Changes

The Judicature Act 1908 has undergone several amendments over time. The most recently ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

International arbitration allows international business persons from different legal backgrounds to amicably solve their grievances. Parties to a contractual agreement or in an international relationship seek an impartial party who carries out the adjudicatory process. The resolution by the arbitrators is usually binding and carries a provision of arbitration in future contractual disputes. International Arbitration has over the last half century gained popularity because of the expeditious nature of the method. Businesses and international traders prefer international arbitration to the domestic legal process. A dispute would usually be handled under the judicial system under which the dispute occurred. Resolving the dispute ...

A chain of eleven random explosions has taken place in an area that traverses two states and seven counties. The random explosions resulted in five deaths, 32 injuries and significant property damage. In all eleven cases, the explosions were detonated remotely. The Virtual Police Department of Maryland (VDP) will be the lead investigative agency because the first three attacks were within its jurisdiction. Two suspects were recognized and arrested, one adult male and the other a teenage male. Search and seizures were exercised, and both subjects confessed to their respective roles in the collective crime.
- Model: Investigative Taskforce
...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)
Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)

The appellant was John D. Ashcroft who served as the United States of America Attorney General between 2001 and 2005. In response to the appeal were, Abdullah al-Kidd, first Respondent, and The American Civil Liberties Union, second Respondent.

Facts

Abdullah al-Kidd was an America citizen, then a student at the University of Idaho where he even played football for the University. He converted into Islam during the course of his studies. In 2003, Abdullah opted to study Islamic law and religion in Saudi Arabia ...

- What are the ethical issues in this case?
There are different ethical issues evident within the BP Oil Spill case. In the case study the main ethical issue is the impact the oil spill had on mental health of various stakeholders. Despite the significant impact of the spill on the mental health of various people, the organization responsible, British Petroleum, did not take the right measures. Therefore, other than the consequence of the oil spill on the mental health being an ethical issue, the other ethical issue is the lack of response on the same despite the ...

Statement of the problem issue

The need to create and manage a multi jurisdictional tactical emergency response team is dependent on certain situations. The assistance and expertise of SWAT requires unusual circumstances that can be considered beyond the abilities of normal law enforcement agencies. Such circumstances include counter terrorism operations, rescues of hostages, and high risk search warrants. Similarly, the SWAT unit offers special assistance to the situations where there members of a gang are known to be present and there are weapons used by the gang members. Such situations are highly risky for only one law enforcement agency to be involved and require the need ...

Wedow versus City of Kansas City, Missouri

This case, which involves Ms. Wedow, who was chief battalion’s officer with Fire Department in Kansas City, was filed in 2006. This is because the reference jurisdiction, which attempts to determine if the plaintiff was treated differently by the Kansas City Fire Department due to her sex orientation where he was supposed to be given appropriate protective clothing and infrastructure, was submitted in 2005. This is clearly shown by the submission reference number concerning the case, which is," Sallis v. Univ. of Minn., 408 F.3d 470, 476 (8th Cir.2005).” This jurisdiction needs that the plaintiff meets the threshold ...

Question 1.

The Supreme Court of New South Wales is the highest court of the state, with the unlimited civil jurisdiction. The Court has appellate and trial jurisdictions, in addition to the jurisdiction granted by specific statutes. The Court acts as a supervisor over other NSW courts and tribunals. (Supreme Court NSW)
Mental Health Review Tribunal is a non-judicial tribunal established under the Mental Health Act 2007 NSW. The Tribunal has a wide authority to conduct various inquiries in the field of mental health, issue orders, hear appeals regarding the treatment of people with a mental illness. The Tribunal has the ...

Term researched: Revocation and Termination

Legal citation: 356 N.J. Super. 299; 812 A.2d 409; 2002 N.J.
Legal history: the defendant had been indicted for receiving stolen properties in violation to the New Jersey state acts 2C:20-7a. He was also found guilty of theft by deception and placed on a three-year period of probation. While serving probation, Thomas was convicted of two other criminal offences. Besides, he pleaded guilty of handling stolen property and the charge of harassment. However, two weeks after his second sentencing, it was decided that a revocation and sentencing on the probation violations should occur. The court ruled that the Thomas ...

Lamson v. Crater Lake Motors 216 Or.App. 355, 173 P.3d 1242 (2007)

Summary. A car dealer’s a sales manager disapproved of the tactics used by a third-party firm in conducting sales promotion for the company. The company terminated him when he refused to cooperate. He sued for wrongful discharge, but the Oregon SC ruled against him.

Personal and Legal Analysis. Despite allegations of deceptive trade practices, the Court found for the employer because it did not compel the employee to commit any unlawful activity.

Answers to End-of-Case Questions. (1) Lamson could sue for wrongful discharge on the grounds of whistle-blowing. The person involved in the illegal practice knows more about it than ...

Disasters most commonly elicit the response of city, local, state, and federal aid agencies to meet the mitigation of destruction during various phases of an emergency event. Public health legal authority, during a hazardous substance discharge, may call for both public and private agency involvement. Thrusting personnel and materials in the area must operate under the auspices of inter-jurisdictional protocol and legal authority. The objectives in this written exercise are to alert the learner, in anticipation of future professional behavior, about gaining an understanding for legal protocols in public health/hazardous emergencies while maintaining the highest levels of public safety during a ...

1
- Should Rogers extend its business outside its jurisdiction of British Columbia?
Growth is always welcome. Rogers Chocolate has a good market penetration, and that in itself accounts for an expansion of business. With its varied range of products, as well as the number of tough competitors, it is essential for Rogers to expand its business more, and capture other zones as well. Rogers is Columbia’s second largest company, founded in 1855, and thus remains significant even historically. It has markets like retail, wholesale, as well as online markets. So, with better marketing, Rogers can expand ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011.
The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010.
The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To.
The counsel for the ...

Currency has been a medium of exchange from the existence of humanity and the Central bank was created for the sole initiative of ensuring reasonable currency exchange in different jurisdiction. Therefore, the thesis of this paper will be to look into the historical price movement and any central bank policy that has been put onto the British pound.

Price movement of sterling pound

First and foremost, it is worth noting that the British Sterling pound, is the fourth most traded form of currency after the US dollar, Euros and the Japanese yen. The price movement of the sterling pound is adversely affected by external ...

Brian Short v. State of Florida

The Main Issue
Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24).
Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

Ottawa (City) v. Minto Communities Inc., 2009 Can LII 65802 (ON SCDC)

The City of Ottawa was the appellant, and the Minto Communities was the respondent. The Minto Community had applied to the City of Ottawa to amend the Manotick Secondary Plan that was part of the Official Plan of Ottawa city. The Council was against the amendment of the Plan, which led to the Minto Community filing for an appeal to the Ontario Municipal Board claiming the Planning Act stated that it was their right. The Board held in favor of the Community allowing the council to amend ...

Business operations are usually subject to various forces including the external factors that businesses have no control over. In that respect, businesses need to devise suitable strategies as a means of responding to the forces’ influence. That is applied as a means of enhancing firms’ performance and sustainability. With that view, this case analysis seeks to demonstrate how a region or a country’s economic aspects affects industries and businesses in terms of performance, value and strategies.

Synopsis and objectives

International trade is a key focus for countries in their bid to enhance growth and embrace globalization. In that respect, trade liberalization is increasingly becoming a crucial tool ...

A case brief of Bush v. Gore (2000)
The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new ...

Introduction

The service that police agencies towards a community cannot be belittled. However, the effectiveness of an agency while dealing with various responsibilities from the management to operational level depends on various aspects. The operations command of a police department is usually perceived, rightly so, as the most important. However, it is important to note from the outset that most operational work is usually performed without the watchful eyes of the administrators. As such, effective work depends on the motivational levels and professionalism of the officers.
- How the history of the agency has contributed most of the issues that have ...

CATERPILLAR INC.v. JAMES DAVID LEWIS

CATERPILLAR INC. V. JAMES DAVID LEWIS
FACTS: Plaintiff respondent Lewis is a Kentucky resident who suffered personal injuries while in the course of operating a bulldozer. Lewis filed a claim for damages before the Kentucky state court against the two defendants: the manufacturer and the company that provided service for the maintenance of the bulldozer. The manufacturer is Caterpillar, is a company incorporated in Delaware, Illinois. While Whayne Supply Company is the company providing service to the bulldozer was incorporated in Kentucky, and having its principal place of business Kentucky. The plaintiff entered into a settlement agreement with ...

THE PROCEDURE FOR BRINGING A CLAIM UNDER THE CONVENTION

Chapter III of the ICSID convention, regulations and rules covers conciliation (World Bank Group, 2006). Section 1 to 3 of this chapter specifies the process of conciliation from the request, formation of the conciliation commission and the eventual conciliatory proceedings. Section 6 deals with the recognition and enforcement of an award.

Conciliation

According to this chapter, MTP Petroleum shall lodge an official request in writing to the Secretary General of ICSID. The Secretary General shall copy the same letter to the other party to inform them of the impending process (Reed, Paulsson, Blackaby, 2010). The request shall include the issues ...

UPSE v. Dept. of Health & ors. 2010 PESC 29

The Prince Edward Island Union of Public Sector Employees (UPSE) sought to make a claim of gender discrimination against the Prince Edward Island Department of Health on the basis that they advertised jobs and specifically stated that applicants must be male only. The Board of Arbitration found that this specification was, in context, understandable as the roles were for people who collect urine samples from men in which they are required to stand behind the subjects during the sample being given. The Board ruled that the ‘men only’ specification was to preserve the dignity of the male sample givers. However, ...

Executive summary

Sustainable development has been defined by the World Commission on Environment as development that meets the needs of a generation without compromising the ability of future generations to meet their own needs. (OECD, 1987)

In this age and era, the world is faced with many challenges including economic crises, global warming, poor health and loss of diversity. Sustainable development is thus employed to reconcile human developments and the earth’s ecological systems. Public policy all over the world and especially in Canada has been centered on sustainable development and environmentally centered decision making. Sustainable development is thus centered on ensuring ...