00:01
Determining jurisdiction in the courts can be confusing and complicated, but it is an important legal doctrine that businesses cannot ignore.
00:10
Jurisdiction can affect business operations and determine business decisions, such as where the business is located and where and how to advertise and market the business.
00:20
Where there are questions about possible jurisdiction in the courts, companies should consult an attorney.
00:26
Tlg's client, clean, is facing other litigation and needs advice.
00:30
Clean is located in maryland, but it advertises aggressively in all mid -atlantic states of maryland, delaware, pennsylvania, west virginia, and virginia via the internet, social media, television, and mailings.
00:45
Recently, clean contracted with abc corporation, incorporated in virginia to clean abc's offices in norfolk, virginia.
00:55
Abc paid for the cleaning and sanitizing fees, but later they were dissatisfied with, the services and sued clean in virginia to recover the cleaning costs.
01:04
A .b .c.
01:05
Is trying to decide whether it should file the case in virginia or the maryland state court.
01:10
Applying the concept of personal jurisdiction to the scenario facts, discuss why you agree or disagree that the virginia court has personal jurisdiction over clean.
01:19
Applying the concept of personal jurisdiction to the scenario facts, discuss whether the maryland court has personal jurisdiction over clean.
01:26
So when looking at the virginia court, i do agree that the virginia court has personal jurisdiction over clean.
01:37
Courts have two kinds of jurisdiction to hear a case.
01:53
One is subject matter jurisdiction and the other is personal jurisdiction.
02:16
Subject matter jurisdiction refers to whether a court can hear a case on a particular subject and it's usually pretty clear.
02:23
Personal jurisdiction on the other hand refers to whether a court has the power over the person being sued and can, can be difficult to determine.
02:32
The basic concept behind determining personal jurisdiction is evaluating whether courts in that state have a vested interest in the defendant and a right to make binding decisions over the defendant.
02:47
In regards to personal jurisdiction, there are four basic types.
03:01
Personal jurisdiction has four major categories in case law, and while three of them are fairly easy to understand, the fourth minimum contracts can be difficult to do.
03:10
Determine.
03:13
So the first is presence.
03:17
Being served with a copy of the summits and complaint will physically present in the forum state insufficient to give a court in that state jurisdiction over the person who is served.
03:27
That means that even if you were only just passing through a state for a few minutes, if you are properly served, you can be sued in that state.
03:40
Domicile or place of business...