International jurisdictional issues

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Reference no: EM131432983

A BRIEF SUMMARY OF THIS CASE ABOUT ONE PAGE - BUSINESS AND THE LAW CASE IN POINT

A Louisiana resident, Daniel Crummey, purchased a used recreational vehicle (RV) from sellers in Texas after viewing photos of it on eBay. The sellers’ statements on eBay claimed that “Everything works great on this RV and will provide comfort and dependability for years to come. This RV will go to Alaska and back without problems!” Crummey picked up the RV in Texas, but on the drive back to Louisiana, the RV quit working. He fi led a suit in Louisiana against the sellers alleging that the vehicle was defective, but the sellers claimed that the Louisiana court lacked jurisdiction. Because the sellers had used eBay to market and sell the RV to a Louisiana buyer—and had regularly used eBay to sell vehicles to remote parties in the past— the court found that jurisdiction was proper.10 INTERNATIONAL JURISDICTIONAL ISSUES Because the Internet is international in scope, international jurisdictional issues have understandably come to the fore. The world’s courts seem to be developing a example, two state courts (or two federal courts) may have the authority to exercise jurisdiction over a case, but it may be more appropriate or convenient to hear the case in one court than in the other. Basically, the concept of venue refl ects the policy that a court trying a case should be in the geographic neighborhood (usually the county) where the incident leading to the lawsuit occurred or where the parties involved in the lawsuit reside. Venue in a civil case typically is where the defendant resides, whereas venue in a criminal case normally is where the crime occurred. Pretrial publicity or other factors, though, may require a change of venue to with a harm by the action about which she or he has complained. At times, a person can have standing to sue on behalf of another person. Suppose that a child suffers serious injuries as a result of a defectively manufactured toy. Because the child is a minor, another person, such as a parent or a legal guardian, can bring a lawsuit on the child’s behalf. Standing to sue also requires that the controversy at issue be a justiciable13 controversy—a controversy that is real and substantial, as opposed to hypothetical or academic.

Reference no: EM131432983

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