COMPLAINT Comes now the plaintiff‚ Justin King‚ by and through his attorney‚ states as follows: PARTIES AND JURISDICTION 1. Plaintiff‚ for all times mentioned herein‚ was and is a resident of Cook County‚ State of Illinois. 2. Defendant is a corporation with is principal place of business in Missouri and carries on business in Illinois. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois
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include the following: Personal jurisdiction is what gives the court system the authority over a case and the parties involved. The courts cannot have power over a case until the parties involved have a certain amount of interactions with the courts under the constitution. “Personal jurisdiction is generally waivable‚ so if a party appears in a court without objecting to the court’s lack of jurisdiction over it‚ that objection is forfeited.” () . Subject Matter Jurisdiction is a court’s power to hear
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relatively small geographic area. The legal concept of jurisdiction on the Internet is still unclear and ill defined. The relationship between geographic boundaries and legal boundaries is based on four elements: power‚ effects‚ legitimacy‚ and notice. These four elements have helped governments create the legal concept of jurisdiction in the physical world. Because the four elements exist in somewhat different forms on the Internet‚ the jurisdiction rules that work so well in the physical world do not
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COMPLAINT Comes Now the plaintiff‚ Justin King‚ by and through his attorney‚ states as follows: PARTIES AND JURISDICTION 1. Plaintiff‚ for all times mentioned herein‚ was and is a resident of Cook County‚ State of Illinois. 2. Defendant is a corporation with its principal place of business in Missouri and carries on business in Illinois. 3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois
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I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim? a. Diversity Jurisdiction: State-related claim between parties of different states i. Claim must be greater than the Amount in Controversy Requirement 1. 1332: >$75‚000 a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR. b. Cannot include witness costs‚ court costs‚ lawyer fees‚ etc. c. A judgment rendered for less than AICR does not fail
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Number 1426 12 November 2012 Client Alert Latham & Watkins Litigation Department Jurisdiction of the Hong Kong Courts re Winding Up and Unfair Prejudice Petitions — Are Offshore Companies Safe? Hong Kong law contains a number of provisions designed to protect the interests of minority shareholders‚ including the “unfair prejudice” remedies under section 168A of the Companies Ordinance (the Ordinance) and the Ordinance’s “just and equitable” winding-up provisions. These protections
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BURDEN OF PROOF AND STANDARD OF PROOF. Under s. 4 of the Uganda Evidence Act‚ evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact‚ subject to occasional cases where a fact can be established
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Justice? What Justice? You’re walking down a dark alley and you feel a little scared‚ right? That’s normal‚ so don’t worry. Well how many of you feel that same way while standing next to a government agent or a security guard? I can’t name many‚ but the number is rising. American women working in Iraq and Afghanistan continue to be sexually assaulted while their assailants go free. The very same men that travel hundreds of miles to “protect us” are the ones who are committing some of the most heinous
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ticket. Subject matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance‚ bankruptcy court only has the authority to hear bankruptcy cases. Unlike personal jurisdiction‚ lack of subject-matter jurisdiction cannot be waived. Personal jurisdiction refers to a court’s power over a particular Person or an item of property. If a court does not have personal jurisdiction over a defendant or property‚ then
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Essay THE LAW AND POLITICS OF THE PINOCHET CASE MICHAEL BYERS* [T]his sovereign authority which is a State’s own right‚ does not at present have an absolute character‚ not even in the internal order‚ due to the international atmosphere reigning in the world. When super-states and international organizations appeared‚ the field of action of the State’s power became more and more limited‚ due to agreements and treaties that are subscribed in the international arena. Multiple obligations and restrictions
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