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Author Question: Legal assistants may draft interrogatories. Indicate whether the statement is true or ... (Read 38 times)

nevelica

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Legal assistants may draft interrogatories.
 
  Indicate whether the statement is true or false

Question 2

What is required to maintain personal jurisdiction over a nonresident defendant who operates a website?
 
  What will be an ideal response?



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lkanara2

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Answer to Question 1

TRUE

Answer to Question 2

Courts apply the minimum contacts test under International Shoe. If the defendant has sufficient minimum contacts in the forum state, a court will likely find that there is no violation of the Due Process Clause for the court to exercise jurisdiction. Courts apply a sliding scale for website owners and operators, and generally hold that a passive website for advertising along does meet the requirements for minimum contacts. A court will more likely exercise personal jurisdiction over an interactive website where the defendants purposely avails themselves of the forum state and exercise of personal jurisdiction would be reasonable and fair.





 

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