If you’re the legal expert on jurisdiction and venue in the Delaware Attorney General’s Office. What would you advise the Attorney General regarding the following questions about jurisdicti
if you’re the legal expert on jurisdiction and venue in the Delaware Attorney General’s Office. What would you advise the Attorney General regarding the following questions about jurisdiction and venue in his desire to pursue a civil and criminal scam on the Internet involving Delaware residents as victims? Briefly describe for the Attorney General the history and development of the Internet and any important and relevant computer terminology that she/he will need to know about for our fact situation.
In litigation, it is important for the court to have both subject matter and personal jurisdiction over the parties. Discuss with the Attorney General, why it is important for the court to have personal jurisdiction over the defendant and how does personal jurisdiction differ from subject matter jurisdiction? Additionally, how might we obtain personal jurisdiction if our criminals are from a foreign country?
Explain to the Attorney General how due process comes into play when attempting to gain personal jurisdiction over our suspects?
In International Shoe Co. v. State of Washington, 326 U.S. 31 (1945), the Court held that where a corporation or individual’s “minimum contacts” in the forum state were such that being forced to defend a suit in that state would not offend “traditional notions of fair play and substantial justice,” personal jurisdiction was proper. It created a three prong test:
What does the Court mean by “minimum contacts,” And how you can apply the three prong test to the facts in our case?
Explain how passive versus active websites come into play when trying to decide whether minimum contacts exist. You should use a case
Finally, educate the Attorney General on the difference between jurisdiction and venue and whether Delaware would be the proper venue for our case.
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