Assume you’re the legal expert on jurisdiction and venue in the Delaware Attorney General’s Office. What would you advise the Attorney General regarding the following questions about jurisdiction and venue in his desire to pursue a civil and criminal scam on the Internet involving Delaware residents as victims?
Provide detailed answers to the following questions:
1. Briefly describe for the Attorney General the history and development of the Internet and any important and relevant computer terminology that she/he will need to know about for our fact situation.
2. In litigation, it is important for the court to have both subject matter and personal jurisdiction over the parties. Discuss with the Attorney General, why it is important for the court to have personal jurisdiction over the defendant and how does personal jurisdiction differ from subject matter jurisdiction? Additionally, how might we obtain personal jurisdiction if our criminals are from a foreign country?
3. Explain to the Attorney General how due process comes into play when attempting to gain personal jurisdiction over our suspects?
4. In International Shoe Co. v. State of Washington, 326 U.S. 31 (1945), the Court held that where a corporation or individual’s “minimum contacts” in the forum state were such that being forced to defend a suit in that state would not offend “traditional notions of fair play and substantial justice,” personal jurisdiction was proper. It created a three prong test:
• The defendant has purposefully availed himself or herself of the benefits of the state so as to reasonably foresee being haled into court in that state;
• The forum state has sufficient interest in the dispute; and
• Haling the defendant into court does not offend “notions of fair play and substantial justice.”
Discuss, what you think the Court meant by “minimum contacts,” using your textbook as a reference? And how you might apply the three prong test to the facts in our case?
5. Explain how passive versus active websites come into play when trying to decide whether minimum contacts exist. You should use a case from our textbook or ppt to illustrate this concept.
6. Finally, educate the Attorney General on the difference between jurisdiction and venue and whether Delaware would be the proper venue for our case.
Instructions:
The paper should be 3-4 pages long and follow the APA guidelines. Each question should be answered with a full discussion and analysis with proper cyberlaw terminology. Remember that your answers should be grammatically correct and should cite resources that are not your own.
• If you use direct quotes, you must explain the direct quote in your own words.
• An abstract and reference page should be included in the essay.
This assignment should be submitted bey 11:59pm on Sunday of Week 1.
Resources for the assignment:
• Delaware Department of Justice
• United States Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS). is responsible for implementing the Department’s national strategies in combating computer and intellectual property crimes worldwide.
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