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Michigan State University *

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385

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Law

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Apr 3, 2024

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doc

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7

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PERSONAL AND SUBJECT MATTER JURISDICTION Instructions: 1. For all questions you may assume that defendant is being “served” with summons and a complaint. 2. For problems 1 through 8 please answer the following: a. Is there subject matter jurisdiction in federal court? Explain. If your answer is “yes,” in which federal court can the case be filed and heard? b. Is there subject matter jurisdiction in state court? Explain without naming a specific state. c. Please identify the specific state(s) which may be able to obtain personal jurisdiction over the Defendant. Do NOT assume that Defendant has consented to be sued in any state. Please explain why for each state you have named. PROBLEMS (1)Harry and Potter are both domiciled in Michigan. Harry wants to sue Potter for breach of contract for $18,000. a) No, there is not subject matter jurisdiction in the Federal Court. If it were to be under Federal, it would go under the concurrent jurisdiction. However, the amount of controversy must exceed $75,000 for it to be considered in this case, but it is only $18,000. b) Yes, there is subject matter jurisdiction in the State Court. This would fall under exclusive jurisdiction, which includes both sales and leases contracts. As this is a case of breaching contracts, it would fall under this. c) Michigan would be the specific state which would be able to obtain personal jurisdiction over the defendant. Considering that both parties have been domiciled in Michigan, it would be assumed that only Michigan would have allowance. Page 1 of 7
(2)Harry is domiciled in Ohio. Potter is domiciled in Michigan. Harry wants to sue Potter for negligence for $80,000. The accident occurred in Michigan. a) Yes, there is subject matter jurisdiction in the Federal Court. This would fall under concurrent jurisdiction. To start, the controversy exceeds $75,000 which passes the first part. Second, for complete diversity, both parties are citizens of different states which passes the second part. b) Yes, there is subject matter jurisdiction in the State Court. This would fall under concurrent jurisdiction. Along with that, if the plaintiff decides to file the case within the state instead of federal court, the case can be removed from the federal court system. c) Michigan would be the specific state which would be able to obtain personal jurisdiction over the defendant. Since the defendant is domiciled in Michigan, and the accident occurred in Michigan, it would end up being Michigan over Ohio. However, if the defendant lived in Michigan and the accident happened in Ohio, Ohio could also claim personal jurisdiction. (3)Harry is domiciled in Ohio and Potter is domiciled in Michigan. Harry wants to sue Potter for breach of contract for $30,000 for a contract made in Michigan. a) No, there is not subject matter jurisdiction in the Federal Court. If it were to be under Federal, it would go under the concurrent jurisdiction. However, the amount of controversy must exceed $75,000 for it to be considered in this case, but it is only $30,000. b) Yes, there is subject matter jurisdiction in the State Court. This would fall under exclusive jurisdiction, which includes both sales and leases contracts. As this is a case of breaching contracts, it would fall under this. Page 2 of 7
c) Michigan would be the specific state which would be able to obtain personal jurisdiction over the defendant. Since the defendant is domiciled in Michigan, and the accident occurred in Michigan, it would end up being Michigan over Ohio. However, if the defendant lived in Michigan and the accident happened in Ohio, Ohio could also claim personal jurisdiction. (4)Harry was born in Ohio and he continuously resides in Toledo, Ohio, since his birth. Harry goes to Hawaii every year for 30 days on vacation with his ten friends. Potter owns a home in Ohio. Potter’s wife and children live in Ohio. Potter voted in Ohio in the last presidential election. Potter is currently working on an oil rig in Michigan. Potter has been continuously residing in Michigan for the last five months. Potter intents to return to Ohio as soon as his work is finished, but he does not know when his work in Michigan will be finished. Harry wants to sue Potter for breach of contract for $200,000 for a contract made in Michigan. a) No, there is not subject matter jurisdiction in the Federal Court. If it were to be under Federal, it would go under the concurrent jurisdiction. The amount of the controversy exceeds $75,000 so it passes the first part. However, both parties are citizens of Ohio, even though one is temporarily in Michigan. This shows that it does not pass having complete diversity. b) Yes, there is subject matter jurisdiction in the State Court. This would fall under exclusive jurisdiction, which includes both sales and leases contracts. As this is a case of breaching contracts, it would fall under this. c) Both Michigan and Ohio could end up having personal jurisdiction over the defendant. For Michigan, Potter is currently residing there and the contract in question was made in Michigan. For Ohio, the defendant could end up being sued there as they have established residence in Ohio, disregarding the fact that the incident is in another state. Page 3 of 7
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