Can you help me understand this Business Law question?
I need a discussion post and a reply to one student. I have the instructions for the assignment below. Part 1 is the discussion post and part 2 is a reply to another student’s post. Please write as if you are in a discussion forum replying to the student directly. The original post should be atleast 4-6 paragraphs using sources PROVIDED IN ATTACHMENTS OR LINKS DIRECTLY BELOW. APA FORMAT. See the student’s post for reference if you need an idea of how it should look. Please be sure to include page numbers if you use the SAYLOR books.
LINKS FOR SOURCES:
If the link for SAYLOR links does not work, see the PDF files for each book attached.
- Introduction to Law and the Legal System
- Courts and the Legal Process
- Constitutional Law and Commerce
Common Law v. Civil Law Systems
Use correct, complete sentences, in paragraph format, unless otherwise instructed.
Use assigned course materials to complete discussion responses.
Use in-text citations and a Reference List in APA format to cite the course resource(s) used – an in-text citation cannot exist without a corresponding Reference List, and a Reference List cannot exist without a corresponding in-text citation.
Address each classmate by name, and sign your name to each posting, please.
PART 1: WRITE A DISCUSSION POST
Background: Jurisdiction in the courts is an aspect of the law that can be confusing and complicated, but it is an important legal concept that businesses cannot ignore. Jurisdiction can affect many business operations and determine various business decisions, such as where and how to advertise and market the business. Before launching a business, and where there are questions about possible jurisdiction in the courts, it is advisable for businesses to consult an attorney.
To help educate the GC owners about jurisdiction, you prepare a presentation for Connor, Ali, Madison, and Sam to be discussed at a meeting with Winnie, Ralph and the GC owners.
You prepared the following example for the meeting presentation and discussion.
Example Scenario Facts: Assume GC advertises aggressively in the Middle Atlantic States of Maryland, Delaware, Pennsylvania, West Virginia and Virginia. GC also advertises regularly via the internet soliciting business in all states.
Assume GC contracted with ABC Corporation (ABC), incorporated in Virginia to clean the company offices in Richmond, Virginia. ABC paid for the cleaning, but after the cleaning, ABC was dissatisfied and sued GC in Virginia to recover the costs of the cleaning. It was determined that the Virginia state court had jurisdiction to hear the case.
1. Applying the concepts of jurisdiction to the scenario facts, discuss why you agree or disagree that the Virginia court has jurisdiction to hear the case.
Fully support your conclusions. Respond in 1 -2 paragraphs.
PART 2: REPLY TO STUDENT
“Virginia court has the right to hear the case against GC and ABC. ABC saw the marketing from GC and determined that they were qualified to perform the job. Since ABC is incorporated in Virginia, due to jurisdiction rights they have the right to file in Virginia because that is where they are incorporated and conduct business. Since GC marketed outside of their own state, they assumed liability. When a company uses the internet to market in other states, it’s the use of the internet opens them up to liability suits in any jurisdiction that the client resides in due to business planning efforts (FindLaw, 2019). When starting a business, it is important to be aware of the implications of marketing in other states and the liability they open themselves up to when they reach into the jurisdiction of another state since the laws vary among states.
It is determined that the state in which the business was conducted (FindLaw, 2019). In this scenario, when GC advertised in Maryland, Delaware, Pennsylvania, West Virginia, and Virginia they opened themselves up to those states laws. Jurisdiction is the right for a state to govern a business’s contracts (Introduction to Law and Legal Systems, 2014), and the contract that was written was for the company in Virginia, therefore Virginia has the right to claim jurisdiction. Part 1.03 [Personal Jurisdiction Based on Conduct] as stated in The Uniform Interstate and International Procedure Act states the states court may proceed on the grounds that the action in question performed its business in the state, which GC performed the business in Virginia (FindLaw, 2019). It also correlates to the fact the GC promised to supply a service in the state, binding it to the jurisdiction (Findlaw, 2019).
FindLaw. (2019). Jurisdiction in Cyberspace. Retrieved from https://corporate.findlaw.com/law-library/jurisdiction-in-cyberspace.html
Introduction to Law and Legal Systems (2014). Washington, D.C.: The Saylor Foundation”