Application Questions

Chapter 2 Application Questions

Questions 1 to 3 are based on the video:

1) Assume that Della and Perry’s business is incorporated in Ohio and they do all of their work in Ohio.

a. Can their Indiana client file suit against Della and Perry in Ohio? Fully explain your answer applying the legal principles of in personam jurisdiction.

b. Must their Indiana client come to Ohio to file suit against them, or can the suit be filed in Indiana? Fully explain your answer applying the legal principles of the long arm statute, minimum contacts, and in rem jurisdiction.

c. Can their Indiana client file a suit in federal court? Fully explain your answer applying the legal principles of concurrent federal jurisdiction and diversity of citizenship.

2) Assume that Della and Perry are sued in state court in Ohio.

a. Identify the 3 different written responses they could file after being served with the initial complaint (see page 29.)

b. Identify 3 different forms of discovery the parties can utilize to discover facts from each other in preparation for trial (see pages 30-31.)

c. Explain what will happen at the final pretrial conference.

3) If Della and Perry’s case goes to trial, explain to them

a. The 5 trial steps that will follow, starting with jury selection and ending with the verdict.

b. What would make their case eligible for appeal, if they lose.

c. The 4 possible alternative orders the appellate court can issue upon appeal.

4) Which Court has “jurisdiction” or authority to hear a particular dispute may seem like a complicated question. So let’s look at the different types of trial courts in Ohio.

a. Municipal Courts have personal jurisdiction over parties that have a territorial connection to the boundaries of that court (residents or nonresidents with minimum contacts under a long arm statute.) Municipal Court have subject matter jurisdiction to hear most civil cases, with a few exceptions (such as foreclosures), but the claim cannot exceed $15,000.

b. Common Pleas Courts (county trial courts) have subject matter jurisdiction over any dispute over $500, but not if the subject matter is within the exclusive jurisdiction of another state or federal court (such as Bankruptcy, Divorce or Probate). Common Pleas courts have personal jurisdiction over any Ohio resident. The long arm statutes and rules also give the court personal jurisdiction over any person or business with minimum contacts in Ohio.

c. Federal Courts, (called U.S. District Court) in Ohio have exclusive jurisdiction over a few special subjects, like Bankruptcy, nationwide class actions, and claims against the U.S. government, and federal courts have concurrent jurisdiction with Common Pleas Courts for:

i. Federal-question cases (cases involving the U.S. Constitution, U.S. statutes or federal agency rules)

ii. Diversity of citizenship (between citizens of 2 different states) cases if the amount in controversy is in excess of $75,000 (Corporations are citizens of their state of incorporation)

For the following cases, identify which Court or Courts in Ohio (Municipal, Common Pleas or a U.S. District Court in Ohio) have subject matter and personal jurisdiction, and explain why (You may assume that no federal law gives exclusive jurisdiction to federal courts for these cases):

a. A wrongful discharge case filed by an employee working at a local Meijer store in Ohio seeking back pay and punitive damages in the amount of $100,000 from Meijer, Inc. which is incorporated in Michigan.

b. A local realtor from Kettering who was cut out of her commission files suit against another local realtor from Kettering for intentional interference of contract, seeking $12,000.

c. A local building supply company, incorporated in Ohio, sues an individual contractor based in Dayton, for failure to pay on an account with an unpaid balance due of $450.00.

d. A local commercial landlord sues a large chain restaurant, incorporated in Texas, after it vacated its space in a local shopping center with 10 years remaining on its lease, alleging it owes $500,000 in unpaid rent to the end of the lease term.

5) Read the case analysis below and identify a) the Plaintiff, b) the Defendant, c) the name of the trial court, d) the name of the Appellate Court, d) how service of process was accomplished on the Defendant, e) the question of law, e) the question of fact, f) the pleading that initiated the lawsuit, and the pleading that terminated the trial court process that allowed the case to be appealed, and g) the disposition of the case.

After Reani immigrated to Ohio from Jamaica, she opened a small restaurant offering Caribbean style food from her native country, but it did not catch on with mid-westerners and failed after less than a year. When Reani’s mother, who speaks no English, was at her house babysitting, she accepts the mail and signs for a certified letter from the Clerk of Courts but she fails to give it to Reani and it gets thrown out. Thirty days later, Reani receives a letter by regular mail from the Montgomery County Court of Common Pleas, with a document stating that the Court had granted a motion for default judgment and Reani was ordered to pay the sum of $16,000 to Wilhelm Properties, LLC for unpaid rent for her restaurant lease with Wilhelm Properties, LLC. When Reani seeks legal help, an appeal is filed on the issue of proper service of process because the Ohio Rules of Civil Procedure require that service be perfected on an adult in the Plaintiff’s residence that is likely to result in actual notice to the Plaintiff. The Second District Court of Appeals finds that service was not proper on the Plaintiff’s mother, who did not reside in the Plaintiff’s home, and could not reasonably be expected to understand the necessity of delivering the certified mail to the Plaintiff, so the case was remanded to the trial court to start over, and to give Reani the opportunity for a trial.

6) Read this article about a lawsuit filed by a corporation against a debt collector who refused to stop calling one of its employees in their effort to collect a debt owed by the employee. http://www.mysanantonio.com/business/article/Whataburger-is-attempting-to-hang-up-on-3811027.php

Discuss whether the suit meets all three “threshold requirements” required by the legal system before a court has authority to accept a case for resolution through litigation.

7) Watch this 2 minute video about a small business, PaceButler, that chose to use Microsoft’s Bing Ad program for its Search Engine Marketing. http://advertise.bingads.microsoft.com/en-us/bing-ads-how-it-works?tab=success&s_cid=us_smb_a_product_success

Then look at this page to discover that Microsoft’s Arbitration and Dispute resolution policy applies to Bing Advertising: http://www.microsoft.com/en-us/Legal/arbitration/default.aspx

a. Discuss the advantages and disadvantages PaceButler should have considered before agreeing to this mandatory arbitration clause and provide your opinion whether the benefits of working with a large, successful company like Microsoft would outweigh the risk of losing your right to have a dispute resolved by the formal process of court litigation.

b. If you do recommend signing the arbitration agreement, identify at least 5 reasons why alternative dispute resolution programs are favored by most businesses today. If you recommend against it, identify at least five reasons why opponents of mandatory arbitration criticize it, see http://www.fairarbitrationnow.org/problem/

8) Numerous Courts have recently rebuffed challenges to mandatory arbitration clauses, ruling in favor of business’s efforts to reduce their risk of being sued and controlling the venue where disputes will be resolved. (In other words, a person signs a contract with an arbitration agreement, and then asks the court to ignore the arbitration agreement because it is unfair or unconscionable. Instead, the court finds that the arbitration agreement is fair, and that it is ok for a business to require arbitration.) See this example: http://pubcit.typepad.com/clpblog/2013/07/new-9th-circuit-decision-underscores-federal-arbitration-acts-impact-on-access-to-the-courts.html

Explain what steps must be taken to appeal this decision to the U.S. Supreme Court, including how this case might fit into one of the four categories of cases accepted for review by the Court.

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Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.

Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.

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This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.

To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.

It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.

Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>

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