Can Federal and State Courts Both Have Jurisdiction in Business Law Cases?

  • Thread starter Thread starter Bipolarity
  • Start date Start date
  • Tags Tags
    State
Click For Summary
SUMMARY

The discussion centers on the jurisdiction of federal and state courts in business law cases, specifically regarding a dispute involving parties from different states. The federal court in Illinois can exercise jurisdiction if the amount in controversy exceeds $75,000, as per Article 3, Section II of the Constitution. The state court of Illinois lacks jurisdiction over Foreman due to insufficient connection to the state, while the state court of Nevada can exercise jurisdiction based on its long-arm statute, as the contract was signed in Nevada.

PREREQUISITES
  • Understanding of federal jurisdiction principles
  • Familiarity with state long-arm statutes
  • Knowledge of original jurisdiction concepts
  • Awareness of the amount in controversy requirement in federal cases
NEXT STEPS
  • Research federal jurisdiction under Article 3 of the U.S. Constitution
  • Study state long-arm statutes and their applications
  • Learn about original jurisdiction in civil cases
  • Examine the implications of the amount in controversy in federal court cases
USEFUL FOR

Law students, legal practitioners, and anyone interested in understanding the complexities of jurisdiction in business law cases.

Bipolarity
Messages
773
Reaction score
2

Homework Statement


http://img405.imageshack.us/img405/4492/law1.png

It is from Business Law by Miller and Jenz.

Homework Equations


The Attempt at a Solution


I actually found this question to be very tricky, but have answers to all of them and would like to confirm whether they are correct. I am especially concerned about 1.

1) Since the dispute does not concern a federal question (the Constitution or Congressional laws are not involved), the federal court cannot exercise jurisdiction on the basis of the issue being a federal question. However, because the parties involved come from different states, if it can be shown that the amount in controversy exceeds $75000, then by Article 3 Section II of the Costitution, the federal court in Illinois can exercise jurisdiction on the case.

2) Original jurisdiction because the case is being heard for the first time.

3) The state court of Illinois has no jurisdiction on Foreman because Foreman did not have enough of a connection to Illinois for the judge to conclude that it is fair for the state to exercise power over the Foreman

4) The state court of Nevada may exercise jurisdicion over the case. The long-arm statute allows that a state court can exercise jurisdiction over a dispute involving a breach of contract made in that state. In this case the contract was signed in Nevada, and therefore the state court of Nevada has jurisdiction.

All help is appreciated, thanks.

BiP
 
Last edited by a moderator:
Physics news on Phys.org
Your answer seems informed, but I'm not sure many lawyers prowl physicforums. Did you mean to post this someplace else?
 

Similar threads

  • · Replies 24 ·
Replies
24
Views
10K
  • · Replies 4 ·
Replies
4
Views
3K
  • · Replies 8 ·
Replies
8
Views
4K
  • · Replies 10 ·
Replies
10
Views
4K
  • · Replies 99 ·
4
Replies
99
Views
13K
  • · Replies 39 ·
2
Replies
39
Views
6K
  • · Replies 65 ·
3
Replies
65
Views
11K
  • · Replies 2 ·
Replies
2
Views
3K