Civil Procedure

Civil Procedure

Module 7

Essay One

Did the court err in denying Devco’s motion that asserted the court lacked?

I. Personal Jurisdiction? Discuss

II. Subject matter jurisdiction? Discuss

Parco v. Devco

I. Personal Jurisdiction - is the process whereby the federal court determines whether or not it may hail a defendant into court.

Domicile- in the forum state has been held an adequate basis for asserting personal jurisdiction even if the claim sued upon did not arise in the state.

Here, Parco is a state Y corporation engaged in the manufacture of electronic parts. Parco manufacture facilities in both State X and State Y. Parco administrative office in State Y. Parco’s truck got struck on highway in state Y by Devco company vehicle driven by Wes. Parco delivery truck suffered serious damage and Parco employee was seriously injured in the accident.

Contract-

Wes sale agent Devco client in State Z, Devco has no presence or activity in State Z. Devco is incorporated, has home office and transacts almost all business activity in State X. State Y is located between state X and Z

Physical Present- Devc

Long arm statue permits the exercise of personal jurisdiction on any basis not inconsistent with the constitution of California or the United State.

General

II. Subject matter jurisdiction refers to the fundamental power of a trial court to hear or determine a cause of action

One of Partco’s delivery truck suffered serious damage and the truck driver, a parco employee , was seriously injured in the accident

Parco brough suit against Devco in federal district court in state Z

Parco alleged that Deco’s employee( Wes) had negligently caused the accident and that parco had suffered property damages in the amount of $60,000 as a result of the accident.

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