Legal Writing Law Essay Research Paper Coursework Term Paper (Essay Sample)
Case Study One:
Margolin V. Funny Face & Novelty Inc.
Case Study One:
Margolin V. Funny Face & Novelty Inc.
Student’s Name
Institution Affiliation
Case study one: Margolin V. Funny Face & Novelty Inc.
After using Chris, Ian and matt’s thereafter known as the defendant’s aftershave product manufactured and distributed by NoveltyNnow Inc. on a contractual agreement with the creator defendants, Mr. Donald Margolin the plaintiff filed a laws suit in the state of New York seeking medical damages after the product had discolored his face. There was a disclaimer on the website the defendants used to sell their product barring anyone who bought the product for sewing the defendants for damages. Furthermore, the contractual agreement between the three defendants and Novelty Now Inc. stipulated that any suit brought against the company should be filed in the state of Florida. The validity of the suit was called into question as to the plaintiff Mr. Margolin had filed his suit in the state of New York.
For a court decision to be varied, the court in question should have jurisdiction which is the power exercise authority over individuals and objects within its territory. Jurisdiction can be broken down into three major components; Personal jurisdiction, subject matter jurisdiction, and jurisdiction to render the particular judgment sought. Subject matter jurisdiction deals with the ability of a certain court to render a verdict of certain subject matters CITATION Boi18 \l 1033 (Boister, 2018). The case against the defendants does not infringe on federal jurisdiction and therefore can be heard on a state court. Personal jurisdiction deals with a court's ability to deliver a verdict affecting the rights of an individual involved with the case CITATION Boi18 \l 1033 (Boister, 2018). If the plaintiff, in this case, owns any property, lives or conducts business in the state of New York, a court in that state would have the jurisdiction to render a verdict on a case involving the plaintiff.
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