Ocasio_Assignment #5
docx
keyboard_arrow_up
School
American Military University *
*We aren’t endorsed by this school
Course
325
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ocasio703
Miguel Ocasio Assignment 5
American Military University
Chapter 8
In order to determine personal jurisdiction, the district court must consider these three factors. Firstly, the court has to figure out if NCS and its subsidiaries purposefully took advantage of Michigan's business privileges. Purposeful availment means the defendant purposefully directed its activities toward the forum state, or engaged in intentional or substantial conduct that connects it to the forum state. The purpose of this prong is to make sure the defendant intentionally sought the benefits of the forum state's laws. Secondly, the court must decide if the cause of action comes from the defendant's Michigan activities. As part of this test, the defendant's activities in the forum state have to be related to the claim. A defendant's actions may
not qualify for personal jurisdiction if they were only incidental. And last but not least, the court needs to decide whether it's reasonable to exercise personal jurisdiction over NCS. It makes sure that exercising jurisdiction doesn't violate traditional notions of fair play and substantial justice. The quantity of the defendant's contacts with the forum state, the severity of the claim, and the parties' convenience should be taken into account. The district court may exercise personal jurisdiction if all three factors are met. In some cases, the court may decide that exercising personal jurisdiction would be unreasonable if any of the factors are lacking.
Chapter 9
In addition, users may want some extra features in the MLB-Apple deal. Replays of games have been requested by a lot of users. Thanks to Apple's advanced technology, fans could rewatch key moments or analyze plays in greater detail. Real-time statistics and player data are another feature that users might want. Users would be able to stay up-to-date with the latest stats and performances. MLB will also want some restrictions in the deal. Fans in certain areas can't watch
games that aren't available in their area because of blackout rules. MLB will keep exclusivity for certain games, protecting its broadcast rights. MLB might also want control over the content and presentation of the games, like advertisements and sponsorships. They'll be able to maximize their revenue and maintain a consistent brand image.
References:
Ferrera, G. R., Reder, M.E. K., Lichtenstein, S. D., Bird, R., Darrow, J. J., & Jeff (2011). CyberLaw: Text and Cases. Cengage Limited. https://online.vitalsource.com/books/1133173500
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help