Reference no: EM13861233
1. Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why?
Ross would be incorrect to file the motion to dismiss, due to the fact that according to our reading in Chapter 3.1 "States and Local courts must honor both federal and the laws of other states".
Suarez, R., Advanced Business Law and the Legal Environment, Court and the Legal process, Chapter 3 p 86, 2/21/2014
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2. What is the legal basis for the court's jurisdiction over Flowers (i.e., what type of jurisdiction exists over Flowers) and why?
The court jurisdiction over the Flowers case would be "diversity of citizenship jurisdiction" which allows the federal court to hear any state legal issues between citizens of different states.
Suarez, R., Advanced Business Law and the Legal Environment, Court and the Legal process, Chapter 3 p 88, 2/21/2014
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3. Would you advise Ross to use ADR or go to court to resolve this dispute? Why or why not?
Ross has the option to use Alternative Dispute Resolution (ADR) such as arbitration or mediations. The methods are quicker and cheaper than going to court. In this instance I would advise on Arbitration because if mediation is used the mediator has no power to impose a decision where as an arbitrator's decision is binding by law and may be enforced by the courts.
Suarez, R., Advanced Business Law and the Legal Environment, Court and the Legal process, Chapter 3 p 136, 2/21/2014
Retrieved from: https://learn.umuc.edu/d2l/le/content/108599/fullscreen/3736935/View
A. Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why?
The Ohio Court would have jurisdiction in this case. While both Ohio and Texas both have subject matter jurisdiction, Ohio, unlike Texas, also has personal jurisdiction because that is the state in which the Flower World business (the defendant in this situation) is physically located. In order to establish jurisdiction, the court must find that is has both subject matter jurisdiction and personal jurisdiction over the defendant(s) in a case.
B. What is the legal basis for the court's jurisdiction over Flowers (i.e., what type of jurisdiction exists over Flowers) and why?
The type of jurisdiction that exists over the Flowers World business is personal jurisdiction. The legal basis for this jurisdiction is that both the business and Rubin are subject to Ohio statues, and therefore the Ohio court system has the ability to hear and decide the case, and award damages if the defendant is found guilty.
C. Would you advise Ross to use ADR or go to court to resolve this dispute? Why or why not?
If I were initially involved in this case and had the ability to provide advice to Louise, I would have instructed her to file her case in Texas, and then attempt to settle the dispute via the Alternative Dispute Process. Louise's proper filing of the case (in Ohio) would have informed Flower World that she was serious amount getting her money back for the defective flowers that Flower World sold her, and offering to utilizing the Alternative Dispute Resolution (arbitration) process would have also indicated her willingness to avoid a drawn out, expensive, and time consuming legal battle. Now that Ross has filed a motion to dismiss based on the lack of personal jurisdiction, I would advise him (Ross) to not engage in the ADR process because his motion (to dismiss) will in all likelihood be approved by the Texas court.
Advanced Business Law and the Legal Environment (2014).Washington, D.C.: The Saylor Foundation.