Reference no: EM131682811

Different Spokes

The United States has 52 court systems—a federal system plus a system for each state and the District of Columbia. In order for any court to render a binding decision, it must have jurisdiction over the case.

CONCEPT REVIEW:

In order to bring a lawsuit, you must understand which court to use. There are state courts of limited jurisdiction, trial courts and appellate courts, as well as the federal system of district courts and courts of appeals. Whichever court you choose must have jurisdiction over the case before it can decide your lawsuit.

Comprehension Case

Read the text below and answer the questions.

Imagine that you want to purchase a new mountain bike. Your local bicycle shop does not carry the kind you want, so you go online to search. You find the bike you want advertised on the website of a store in Pennsylvania called "Different Spokes." Different Spokes maintains an interactive commercial website that allows customers to view and purchase products online. You order the bicycle through the website, and have it shipped to your home in Indiana.

When the bicycle arrives, it is defective. You visit the store's website again and find a direct link to the store's customer service department. You send an e-mail, describing the bike's defect and requesting a replacement or a refund. The store responds that the bike is ineligible for return or replacement.

You decide to sue the store for $600, to cover the cost of the bike and the shipping.

Question: If Different Spokes wanted the case to be heard in federal court instead of state court, what motion could the store file? Would the motion succeed?