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Agenda for 20th Class

Agenda for 20th Class. Name plates out Personal Jurisdiction: Shaffer, Burnham Next Class Yeazell 112- 118 ( Burger King) Handout (internet jurisdiction) Questions to think about / Writing Assignment Briefly summarize Burger King Yeazell pp. 117ff. Q1, 2

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Agenda for 20th Class

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  1. Agenda for 20th Class • Name plates out • Personal Jurisdiction: • Shaffer, Burnham • Next Class • Yeazell 112- 118 (Burger King) • Handout (internet jurisdiction) • Questions to think about / Writing Assignment • Briefly summarize Burger King • Yeazell pp. 117ff. Q1, 2 • If you buy Duck Boots mail order from LLBean and pay with a check. Your check bounces. LLBean sues in Maine, where it is headquartered. Does the Maine court have jurisdiction over you? • Handout Problems 2-18 to 2-20

  2. New System for Writing • 3rd TA: Paul Dagostino • All assignments due on Mondays should be emailed to paul.dagostino.2014@lawmail.usc.edu  • All assignments due on Wednesdays should be emailed to joel.frost-tift.2014@lawmail.usc.edu  • All assignments due on Fridays should be emailed to jessica.culpepper.2014@lawmail.usc.edu • Same for Optional Assignments • Email to TA who is grading mandatory assignments due on that day. • Same for Group Assignments • Email to TA who is grading mandatory assignments due on that day. • New system is on webpage for easy reference

  3. McIntyre Questions (continued) If you were on the Supreme Court, in what situations would you allow those injured by products to sue the manufacturer? Would you adopt White’s Stream of Commerce theory? O’Connor’s Stream of Commerce plus? Kennedy’s theory in McIntyre? Some other rule? 3

  4. Statutes & the Constitution • Hypo • Car accident in West Dakota • Defendant is citizen & resident of California • Defendant owns real property in West Dakota • Plaintiff is citizen of West Dakota • Is jurisdiction proper if West Dakota has the following statute: • “West Dakota trial courts may exercise jurisdiction on any basis not inconsistent with the Constitution of the United States.” (West Dakota Statute I) • Is jurisdiction proper if West Dakota has the following statute: • “West Dakota trial courts may exercise jurisdiction over an individual only if that individual is a resident or citizen of West Dakota.” (West Dakota Statue II) • Is jurisdiction proper if West Dakota has the following statute: • “West Dakota trial courts may exercise jurisdiction over an individual only if that individual is a resident or citizen of West Dakota or if the individual own real property in West Dakota.” (West Dakota Statue III) • Remember to consider both whether there is statutory authorization for jurisdiction and whether jurisdiction is constitutional

  5. Questions on Shaffer & Burnham • Briefly summarize Shaffer • P. 100ff Q3, 4 • Briefly summarize Burham • Do you think jurisdiction based on presence makes sense? Should it be constitutional? • How far would you extend jurisdiction based on presence? In answering that question, consider: • Pp. 145ff Q 3 • Grace v. MacArthur, summarized on slide 5 of Class 17 handout • Given that Burnham is now established law, how do you think courts should resolve the cases described in • Pp. 133ff Q 3 Grace v. MacArthur, summarized on slide 5 of Class 17 handout

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