JURISDICTION Essay Example

  • Category:
    Law
  • Document type:
    Essay
  • Level:
    Undergraduate
  • Page:
    1
  • Words:
    659

Jurisdiction

June 3, 2011

Jurisdiction

Advice to Gatnick

My advice to Gatnick is that the Victoria court might rule in favor of the Dee Jones Company based on the argument that Gatnick had already initiated a same action at New Jersey. This is a possibility because in jurisprudence there is the concept of ‘power” for court, state or country and this element posits that any court or legal procedure in any part of the world should be interfered with until that system terminate, rule, or make a referral on particular case to a specific court. The argument that Victoria was clearly inappropriate forum for action to be heard in regard to that case to some extend hold water because it is illogical to make two parallel action in two different forums for a singular case. This might cause a lot of contradiction and enormous ambiguity because the rulings that these courts make might vary hence resulting in a legal lacuna that is injurious and confusing.

Generally, the court may rule in favor of the Dee Jones Company because in jurisprudence, there is the concept of ‘power” for court, or state, which posits that any court or legal procedure in any part of the world should be interfered with until that system terminate, rule, or make a referral on particular case to a specific court. Therefore, my advice to John Gatwick is that it is prudent to seek action in only one forum unless it is a referral and in this case it will be wise for him to drop the Victoria seek for action and concentrate on the deliberations by the new jersey legal system.

Advice to Internet R Us

E-commerce ha becomes the in thing in this century characterized by globalization and advancement in technology. The lifestyles of people in communities have enormously evolved and due to the hard economic times people have tend to be sort of busy in offices, factories, traveling, markets among other every day places of operation. E-commerce has come in handy because it enables one to do business over the internet. One can look for clients, products or services via this media and it has revolutionized the whole concept of today’s business. My advice to the internet RUs is that it is a noble idea for them to think of doing e-commerce in the US because it one of the hubs of E-commerce in the globe. Secondly is that they should not be scared of being taken to the USA court but rather they should concentrate on ways and strategies that they can apply so to minimize the chances of being taken to this court. Internet R Us should understand that no one will take you to any court as long as you are doing a legitimate business and abide by the provided regulations, terms and condition of that country and business.

E-commerce all over the globe is recognized as a legitimate business as long as one does not use it for subversive and dishonest dealings. The first step that they might consider taking is to take an insight on the USA regulations that control this business and submit the required information so as to be recognized as a company that by good faith is doing online business in the US. The other step and indeed a very critical aspect is to establish proper security mechanism that can keep hackers and cyber criminals at bay; this is important because the platform is highly interactive and therefore it might be a strategic target by individuals with ill intentions. it is also important for the internet RUs to ensure that customers got what they ordered and at the agreed price and timelines. In my opinion if this company sticks by these guidelines and the general positive business principles they will never appear in any US court.

Miller, F. (1997). Arbitration ACT 1996: A Trilogy of Mock Court of Appeal Judgments.

New York: FEM Publishing.