Messersmith_Unit 4_Week2 Assignment
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Feb 20, 2024
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Uploaded by BaronMoon11894
Messersmith, Yuki
11/19/23
LSI-1000-001-24Q1
Unit 4 Week 2 Assignment
1. Using the tools you learned in legal research, locate your state’s long arm statute.
a. Cite the statute.
b. What acts would subject a foreign resident to jurisdiction in your state?
2. What are the subject matter jurisdiction requirements for your state trial courts?
a. Does you state have a multi-tiered trial court system, or only one trial court of general jurisdiction?
b. Does your state have magistrate courts, or justice of the peace courts? What are the general jurisdiction requirements of those courts?
3. What reasons exist behind long-arm jurisdiction protections afforded to foreign defendant?
1.
a) Cite the statute.
When any natural person or partnership not residing or having a principal palce of business in this state engages in business in this state, process may be served on the
person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise, or services. Any process so served is as valid as if served personally on
the nonresident person or partnership engaging in business in this state in any action
against the person or partnership arising out of such business. A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return of the day or within such further time as the court may allow. b) What acts would subject a foreign resident to jurisdiction in your state?
48.193
Acts subjecting person to jurisdiction of courts of state.
—
(1)(a)
A person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal
representative to the jurisdiction of the courts of this state for any cause of action arising from any of the following acts:
1. Operating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state. 2. Committing a tortious act within this state. 3. Owning, using, possessing, or holding a mortgage or other lien on any real property within this state. 4. Contracting to insure a person, property, or risk located within this state at the time of contracting. 5. With respect to a proceeding for alimony, child support, or division of property in connection with an action to dissolve a marriage or with respect to an independent action for support of dependents, maintaining a matrimonial domicile in this state a t the time of the commencement of this action or, if the defendant resided in this state
preceding the commencement of the action, whether cohabitating during that time or not. This paragraph does not change the residency requirement for filling an action
for dissolution of marriage. 6. Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, either:
a. The defendant was engaged in solicitation or service activities within this state; or b. Products, materials, or thing processed, serviced, or manufactured by the defendant anywhere were used or consumed within this state in the ordinary course of commerce, trade, or use. 7. Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state.
8. With respect to a proceeding for paternity, engaging in the act of sexual intercourse within this state with respect to which a child may have been conceived. 9. Entering into a contract that complies with s.685.102.
b) Notwithstanding any other provision of this subsection, an order issued, or a penalty or fine imposed, by an agency of another state is not enforceable against any person or entity incorporated or having its principal place of business in this state if the other state does not provide a mandatory right of review of the agency decision in a state court of competent jurisdiction.
(2). A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.
(3) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s.48.194
. This service shall have the same effect as if it had been personally served within this state. (4) If a defendant in his or her pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant. (5) Nothing contained in this section limits or affects the right to serve any process in
any other manner now or hereinafter provided by law. 2
. What are the subject matter jurisdiction requirements for your state trial courts?
a) Does your state have a multi-tiered trial court system, or only one trial court of general jurisdiction? The State of Florida has a multi-tiered system consisting of two appellate level court (the Supreme Court and five district courts of appeal across the state) as well as Trial Courts that consist of different Circuit Courts and County Courts
in the various counties. b) Does your state have magistrate courts, or justice of the peace courts? What are the general jurisdiction requirements of those courts? Some counties in Florida still have justice of the peace courts, although they are not common. 3.
What reasons exist behind long-arm jurisdiction protections afforded to foreign defendant? Long-arm jurisdiction protections exist for foreign defendants because of the prevailing belief at that time that the state courts would favor the state’s residents in
resolving disputes against foreigners, and foreign residents would feel they were not being fairly treated in federal court. Allowing the federal court to remain neutral on those issues involving foreign defendants and both parties would be treated fairly.
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