to hear cases arising from them, and enforcement of court decisions. The discussion concludes with specific recommendations for companies engaged in international business transactions involving carriage of goods. Determining Territorial Jurisdiction Jurisdiction is the power of a court to hear and decide a case after it has established that the defendant had satisfied the minimum contacts condition (Schaffer, Agusti, Dhooge, & Earle, 2012). The minimum contacts test requires that the accused has
The appropriate court for this lawsuit depends upon several factors. Three important considerations include personal jurisdiction, subject matter jurisdiction and minimum contacts. Personal jurisdiction is the power the courts have over parties involved. Minimum contact is the contact required between a party and a state in order for the courts of that state to constitutionally assert power of that party within specific boundary (Kubasek, p. 42). Because Funny Face promoted their product over
completely need to be familiar with the concept behind crime. The four major roles that can be accessible with the help of computers in conducting crime are: objects, subjects, tools, and symbols. Since, the criminal conducts the offense through the technological intervention with the use of internet and computers. They attack the subjects and creates the environment to commit crimes. There is drastic increase seen in criminal activities, which becomes a major concern with growing technologies and use
History of Personal Jurisdiction Personal jurisdiction for businesses selling in multiple states has been a complicated issue in the courts. “A court does not have power over every person in the world. Before a court may decide a case, the court must determine whether it has "personal jurisdiction" over the parties. A plaintiff may not sue a defendant in a jurisdiction foreign to the defendant, unless that defendant has established some relationship with that forum that would lead him to reasonably
issues on the opposite side of specialty courts are just as numerous. Public opposition to the specialty courts is that they are not viewed as real courts and they do not believe that the offender is getting the punishment they deserve or that the matters at hand are being treated fairly (Legomsky,1990). In specialty courts a defendant must plead guilty in order to receive treatment services; this takes away his attorney’s right to defend him (Yermish, 2009). When an offender is placed into a treatment
Distinguishing Panavision And Bensusan The law regarding jurisdiction determination was far from crystal clear even before the internet came of age, and courts are now having a difficult time reconciling the "purposeful availment" and related "effects" tests used in traditional jurisdiction analyses with the new paradigms in information transfer made possible by the internet, and in particular by the World Wide Web (WWW). These difficulties are apparent in Panavision, Int'l. L.P. v. Toeppen, 938
Commerce has been seen as one of the concepts that have had the greatest rate of evolutions in its attempt to be at par with the global dynamics. The pragmatic shifts and changes that the universe have had to experience in a variety of disciplines like business has led to such evolutions so that it is not seen to have lagged behind. One of the shifts that commerce has had to take is the adaptation as well as manifestation of e-commerce. E-commerce has however not been self-initiated but rather has
reported the death by suicide of hundreds of field mice in the Middle East. In an apparently instinctive reaction to a problem of over-population, the mice willfully plunged to their doom off the cliffs of the Golan Heights. This bizarre story was the subject not only of straight news coverage in the Canadian press, but also of an editorial in the Globe and Mail on December 20. On November 1, 1985, the Globe and Mail also ran a photograph of a visiting Roman Catholic priest from Brazil, saying prayers
In his paper Desire and the Human Good, Richard Kraut argues that the typical defense for pluralism, Desire Satisfaction Theory, is too weak; subsequently Kraut offers his own alternative. In this paper I will explain Desire Satisfaction Theory as Kraut opposes it, defend the objections made by Kraut against Desire Satisfaction Theory, and evaluate his alternative theory. In ancient greek philosophies such as platonic, aristotelian, stoic and epicurean, as well as in medieval christian philosophies
whole piece. It is painted in blue and white, like a watercolor-like sky without any subject matters. It has a dreamy feeling because the colors blend smoothly. There is no clear horizon line in the painting but it is still possible to separate the ground and the sky by the background colors or the compositions. The top part is in mainly blue and white while the bottom part is in grey. Also there is no subject matter on the top part while there are many abstract objects at the bottom. The three-dimensional