- Define and explain what personal jurisdiction and subject matter jurisdiction mean and how these terms are relevant to one who does business in different states.
- Explain stare decisis and select one U.S. Supreme Court decision issued in the past two years relating to the regulation of business or likely to influence business today and provide your thoughts on whether you agreed or disagreed with the Court’s opinion. Remember – the focus of this discussion question is how the decisions by the Supreme Court can affect a business and doing business today.
Personal jurisdiction refers to a court’s authority over a specific individual or entity. In order for a court to have personal jurisdiction over a defendant, the defendant must have certain minimum contacts with the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
Subject matter jurisdiction refers to a court’s authority to hear and decide a case based on the type of dispute at issue. Federal courts have limited subject matter jurisdiction and can only hear certain types of cases, such as those involving federal law or those in which the parties are from different states and the amount in dispute exceeds a certain threshold.
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For businesses operating in multiple states, personal and subject matter jurisdiction are important considerations when determining where to bring a lawsuit or where to defend against one. The business must ensure that it has sufficient contacts with the forum state to justify the court’s exercise of personal…Order a customized and more comprehensive answer here
Stare decisis is a legal principle that holds that courts should follow the precedents established by prior decisions, especially those of higher courts. This principle promotes consistency and predictability in the law, and helps to ensure that similar cases are decided in a similar manner.
One recent example of U.S. Supreme Court decision that likely to influence business today is the case of South Dakota v. Wayfair, Inc. (2018). The court held that states can require out-of-state retailers to collect and remit sales tax on sales made to residents of the state, even if the retailer has no physical presence in the state. This decision…Order a customized and more comprehensive answer here