However, there may be instances where Federal court is preferred. The laws and rulings may favor be more favorable for the litigant in Federal court. For CompuServe, they may have chosen Federal court because it would have clearly had jurisdiction, whereas Ohio may not have had jurisdiction. This could have given Patterson an avenue for dismissal or appeal on jurisdiction grounds and CompuServe may have wished to mitigate this risk.
In determining the appropriateness of Ohio state court as a jurisdiction, we must consider the tests that would allow this case to be heard by a Federal court. Federal courts rely on the "minimum contacts" test to establish personal jurisdiction. "Minimum contacts" often relies on a three-prong test. The CompuServe v. Patterson case met all three prongs, meaning that Ohio had jurisdiction. The Federal court can exercise personal jurisdiction in the event that the state court cannot establish jurisdiction, but in this case Ohio deemed that the case arose from Patterson's contacts in Ohio (CompuServe), his purposeful availment of the privilege of conducting activities in Ohio and that the maintenance of the suit did not offend the traditional notions of fair play and substantial justice (Conner, 1998).
There was some debate about the jurisdiction because it was an Internet case, but the following was taken into consideration. The defendant had willfully entered into a contract with the plaintiff, as evidenced by agreeing to the terms and conditions. The plaintiff...
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Internet Personal Jurisdiction Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with procedure while present actually within the region of that state. Checking of procedure and attachments are official methods for declaring personal authority over people or belongings and it also helps in the
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They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extradited back to where ever he came from. They believe that such lenient 'European' laws create a huge gap in security,
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