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Jurisdiction

Jurisdiction. Jody Blanke, Professor Computer Information Systems and Law. Personal Jurisdiction. Physical presence in state International Shoe (1945) Required sufficient “minimum contacts” Such that jurisdiction would not offend “traditional notions of fair play and substantial justice”

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Jurisdiction

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  1. Jurisdiction Jody Blanke, Professor Computer Information Systems and Law

  2. Personal Jurisdiction • Physical presence in state • International Shoe (1945) • Required sufficient “minimum contacts” • Such that jurisdiction would not offend “traditional notions of fair play and substantial justice” • State “Long arm” statutes • Transaction of business in the state • Commission of a tortious act in the state • Ownership of real property in the state

  3. Personal Jurisdiction and the Internet • CompuServe v. Patterson (1996) • Jurisdiction proper – “purposeful availment” • Bensusan Restaurant v. King (1997) • No jurisdiction – tortious act requires physical presence • Zippo Manuf. V. Zippo Dot Com (1997) • Adopted “sliding scale” test with three points • Clearly does business over Internet, e.g.,CompuServe • “Passive” Web sites, e.g., Bensusan • Middle ground – must determine level of activity • Today – eBay cases • “single sale” doctrine

  4. The Blue Note

  5. Motion for Summary Judgment • Can be made by either party • Made during discovery, i.e., after pleadings and before trial • Will be granted if “there is no genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law” • “Legal TKO”

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