Case Problem – Jurisdiction Where in the World Do I Start Resolving These Issues
ID: 376595 • Letter: C
Question
Case Problem – Jurisdiction Where in the World Do I Start Resolving These Issues? A Matter of Jurisdiction Captain Kirk and Mr. Spock have entered into a contract for Kirk to purchase a spaceship for his personal use. Kirk, the buyer, lives in California and Spock's earth residence is in New York. Spock has agreed to sell the spaceship to Kirk for $175,000. At the last minute, Kirk backed out of the contract claiming that he had been called for a mission by the Federation and decided that another ship would be more suitable. In this situation:
1. Does any court system (federal or state) have exclusive jurisdiction over this case? Concurrent jurisdiction?
a. What happened here?
b. In your own words, explain concurrent and exclusive jurisdiction. What page number(s) in the textbook are those explanations? If you used the internet to find the explanations, provide the URL and explain why you think this is a good source of information.
c. What additional facts would you need to know in order to determine whether Spock could file suit in New York?
d. Apply the definition to reach a conclusion whether any court has exclusive jurisdiction. Apply the definition to reach a conclusion whether any court would have concurrent jurisdiction. Explain how you reached each conclusion.
2. What if this was a case where Spock claimed he'd been deprived of his right to freedom of speech under the U.S. Constitution and that his harm was $20,000. Would a federal court have jurisdiction? Explain.
a. In your own words, explain when a federal court would have jurisdiction. If you used the internet to find the explanation, provide the URL and explain why you think this is a good source of information.
b. Apply the definition to reach a conclusion whether a federal court would have jurisdiction. Explain how you reached each conclusion
Couldn't find a Business Law subject, but that is what this is for!
Explanation / Answer
1-a Federal court have exclusive jurisdiction over this case. This case fit best under diversity jurisdiction because here the amount in controversy is more than $75,000 and the parties are from different states.
b- Concurrent jurisdiction can be defined as when two more courts may be state courts or state and federal courts have jurisdiction over a case Here different court have the jurisdiction to apply judicial exercise. Exclusive jurisdiction is a case when only one court have exclusive jurisdiction over a matter.The plaintiff have to move that court only for any judicial intervence.
c-In this case Newyork court have not jurisdiction over the case and the case is exclusive jurisdiction of the federal court. If the damage claim by Spock will be below $75,000, then only NewYork court can have right over this case to exercise judicial power.
d-This case is an example of exclusive jurisdiction. Concurrent jurisdiction example is a state court of general jurisdiction can have concurrent jurisdiction over specialized court in the state like administrative court, family court etc.