INTERNATIONATIONAL CIVIL PROCEDURE.edited
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INTERNATIONATIONAL CIVIL PROCEDURE
FALL 2023 EXAM
WORDS 1011
1)Discuss whether personal jurisdiction, subject matter jurisdiction and venue are
proper in this case filed in a California federal district court? Explain fully.
a)Whether the California Court has personal jurisdiction over Company C?
While addressing the issue of personal jurisdiction
for a non resident
the state must comply
with the constitution and it provides the following conditions namely minimum contacts, fair
play and substantive justice. On the issue of minimum contacts it involves defendant’s
physical presence in the place where the suit was instituted and its consent to the place where
the suit was instituted. Substantive justice and fair play refers to the necessity that a court be
fair when exercising authority over someone who does not live in the same location as the
court. This means that the court must have a legitimate basis to rule on that individual, and
the ruling must be fair.
The minimum contact between Company C and California cannot be seen in this context ,this
is because Company C
is based in Germany and there is no contact between the company
and California. On the second issue of the court being reasonable and fair ,it is not fair for
the Plaintiff to sue Company C yet the company never sold the battery directly to them, they
did sell to a company D who then sold to the plaintiff. Therefore the California Court has no
personal jurisdiction over Company C
b)Whether the California Court ha subject matter jurisdiction
over Company C?
A federal court will use the complete diversity concept to establish subject matter
jurisdiction. The court must have power to resolve the legal issue in the matter.
One of its
requirements is that in such a suit one of the party should be from U.S and the other from a
foreign state. Company C is from Germany and the party suing is from U.S thus this
requirement is met.
However there is a requirement that the case must involve a Federal issue ,the case between
the Plaintiff and Company C is not a federal issue thus the court has no subject matter
jurisdiction.
c)Whether the venue is proper
in this case?
The issue of venue can only be determined
at the time the suit is filed. The venue of this suit
is inconvenient to Company C, this is because Company C is in Germany and did its business
with Italian company which sold the phone to the plaintiff. The venue for this case is
improper and thus this court has mandate to dismiss it or transfer it to the proper court
2)How is the New York Court likely to decide on the motion to dismiss ? Explain fully?
The New York Court will not
dismiss this matter in regard to service process. There are
processes followed when serving documents
namely (1)Serving the document to the
defendant on time
within 90 days after suit is filed in court.(2)The process server must be 18
years or above. (3)The method of service
should either be individually and also the
documents can be filed
by any method as long as it is not prohibited
by International
agreement. Company E while filing the lawsuit they served the complaint and Summons
to
Company F in Japan using
registered mail. As provided above serving the documents using
registered mail Company E followed the right procedure as per international agreement. They
also served then in English as per the Hague Convention for the Service of
Process Abroad
.It is clearly stated that
as long as it complies with international agreement it is legal and
Company E complied with the Hague Convention for the Service of Process Abroad.The
Court will not dismss this matter as it does not meet the grounds
to dismiss the matter.
3)How is the court most likely going to decide on the law applicable
to the merits of the
case? Explain fully.
Erie Doctrine applies when a federal case is brought under diversity of citizenship
jurisdiction. Federal courts only apply federal procedural laws and the substantive laws will
apply in the forum state in which the case sits.
In this case the plaintiff is from Illinois and he enters into the contract
with a book store from
France ,there was breach of contract by book store and the plaintiff sues and their contract
does not provide
any choice of law provision ,both procedural and federal laws will apply
because the case was instituted in Illinois and the plaintiff is from there.It is clear that France
did not adhere to the UN Convetion on Contracts for the International Sale of Goods and
there were no other conventions that applied to the merits of the case. Given these grounds
,the court is likely to perform a balancing act through applying the laws of Illinois which is
based on the fact that the plaintiff is from there and the federal laws apply there. According to
law of contracts the place where the contract was formed governs the contract interpretation
and performance . In our case , our plaintiff is from Illinois and although the defendant is
located in France
the plaintiff entered the contract in Illinois and also he initiated the law suit
in an Illinois Federal District Court , this gives the court federal power to use federal law to
decide on the legal issues regarding this case .
4)How will the court most likely decide? Explain fully.
The Court will grant the motion to dismiss the case this is because Company A and Company
B had a contract which contained a forum selection provisions that provides that if a dispute
arises between the parties it should be treated
before Singapore International Arbitration
Centre. Company A filing a suit in U.S district Court they go against their contact. Also there
are grounds for a motion to dismiss which include lack of subject matter jurisdiction.This
case lacks subject matter jurisdiction this is because the court has no power to resolve the
legal matter in this case hence giving this court power to dismiss the matter.
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