1 Nov 2022

204

Personal jurisdiction, subject matter, minimum contact and arbitration

Format: APA

Academic level: College

Paper type: Essay (Any Type)

Words: 591

Pages: 2

Downloads: 0

Personal jurisdiction 

Personal jurisdiction refers to the authority of the court to determine a claim that affects a particular person. It is the power the court has to determine and decide a case. It is usually difficult to obtain personal jurisdiction and as such many states opt to develop long-arm statues that tend to extend it to non-residents. The court of New York in the above case would thus have all authority to listen to the case presented by Margolin. The court would thus have all power to decide on the case and determine which party is at fault. 

Subject Matter Jurisdiction 

Subject matter jurisdiction acts on the theory that sees one served with summon copies and complaint while presenting in the jurisdiction forum. It entails the usage of domicile that sees an individual sued for all claims regardless of where the cases emanate. The scenario of Matt and Chris above, would insist that the state of New York serves them with a notice so that they prepare for the court case considering their website insists that they cannot be taken to court in the event of a malfunction with their product. . 

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Minimum Contact 

Minimum contact suggests that a defendant must take necessary action directed towards the state forum. The Fourteen Amendment right as constituted in the federal rights is needed in due process because some of the issues that may emerge may be of quality contact with the state, nature and quantity of that given state. 

Alternative Dispute Resolution 

Alternative dispute resolution entails the manner in which a dispute outside the courtroom is solved because it involves neutral evaluation, appeasement, meditation, arbitration and cooperation with some of these being voluntary and others mandatory. Mediation in this case is an informal alternative to litigation with opposite parties coming together to try and work on the agreements or settlements. The case scenario is intriguing because it sees the FAQs of the site of Matta and Chris protect them from any lawsuit. However, the two in a bid to make business have ignored the principal virtue of concern and honesty to their customers. Arbitration would do well to have both parties settle on a solution rather than go to court. The above can lead to serving time in as much as the dispute can be solved between investors and their stock brokers. Arbitration refers to the discovery and simplification of evidence to be best applied in labour, security, regulation and construction. Arbitration has gained popularity in many business forums because of its usefulness. 

The pros and cons of arbitration far stretch across their individual spectacles. 

Pros 

First, it is best to appreciate that it is a voluntary process because many parties get to choose to leave at will. Secondly, arbitration proves a process that best maintains confidentiality considering it bounds the mediators and parties to all that is said and done during the course. Third, the process is very flexible because it allows parties to select their mediators in a bid to ensure confidentiality and trust within the discussion setting or meetings rather .Lastly, arbitration gives a voice to everyone because it allows all parties a chance to be heard that creates a good platform to allow easy settling of the dispute at hand. 

Cons 

Arbitration is quite expensive as a process of solving disputes because it entails going through trial .Secondly, the process does not have a standard procedure for which mediators must follow and may thus bring forth unequal bargaining among the complainants across both divides. 

Fraud 

Fraud is a crime that entails the use of dishonest methods to ask or obtain things from other persons. 

The case in the scenario insists that Chris is the defendant and Matt and Ian the business owners of funny face. The committed crime is fraud and is subjected to the law. 

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StudyBounty. (2023, September 14). Personal jurisdiction, subject matter, minimum contact and arbitration .
https://studybounty.com/personal-jurisdiction-subject-matter-minimum-contact-and-arbitration-essay

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