Saudi Electronic University Demand Management as A Risk Diminishing Practice Paper

To assess your ability to:

• Describe the different types of jurisdiction a court must have before it can render a binding decision in a case.
• Explain the concept of venue.
• Describe how the dual US Court System is structured.
• Describe the threshold requirements that must met before a court will hear a case.
• List the steps in civil litigation. 
• For each assigned case, analyze the issue based on the following criteria:
  • Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
  • Identify the facts associated with the case and fact patterns.
  • Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case – be clear.
  • Support your decision with an appropriate rule of law.
  • 7. The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plain- tiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return ing cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the two breed- the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas. The Texas statute provides that the Texas court could exercise jurisdiction over an out-of-state defen- dant only if (1) the defendant has purposefully estab- lished minimum contacts with the forum state and (2) the exercise of jurisdiction comports with tradi- tional notions of fair play and substantial justice. The defendants were not residents of Texas and had no business in Texas. The only contact the defendants had with Texas was a single trip they made to Texas to pick up two other cats, not related to the litigation, that they were going to take to a cat show. During that same visit, the defendants took a cat unrelated to the lawsuit to see a Texas veterinarian, and the plain- tiff’s husband assisted the defendants with a Web page for their business. The trial court found that sufficient minimum contacts had been established. The defendants appealed. How do you believe the appellate court would rule in this case, and why? [Hagan v. Field, Court of Appeals of Texas, Fifth District, Dallas, 2006 Tex. App. 

9. Thirteen record labels filed a copyright violation suit against Hummer Winblad Venture Partners (Hummer), an owner of Napster, a peer-to-peer file- sharing network for online distribution of music. Hummer filed a counterclaim alleging antitrust violations against the record labels because they conspired to exclude independent music distribu- tors like Napster from the online music distribu- tion market. The record labels argued that Hummer lacked standing to make its counterclaims because Hummer, not Napster, made the counterclaims and Hummer never competed directly with the record labels. Hummer, on the other hand, argued that had standing because it financed Napster, a partici- pant in the online music distribution market. How you think the court ruled in this case? Why? [In re Napster Copyright Litig. v. Hummer Winblad Venture Partners, 354 F. Supp. 2d 1113 (2005).]