Internet+Law-Jurisdiction

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Created by: Arman Quazi =__Introduction:__=

What is Jurisdiction:

 * Defenition:** government’s authority to exercise authority over all persons and things within its territory

Before a case can be taken to court the first concern that arises is in which court the case can be heard. Different countries have various laws regarding authority of the legal system on different subjects. These laws are enforced by a judicial section of the government. But even though the obvious basic similarities exist in the legal systems of nations, the laws themselves can be completely contrasting. In many nations there is one system of laws, yet in other nations there exist a hierarchal system of states with individual laws and court systems. Courts in any country have decisions to make about whether or not they can hear a case pertaining to a certain subject matter. Jurisdiction of the court system in different regions becomes an essential factor to delegate regarding internet law. Although there are regulations for jurisdictional matters within one legal system, it develops into an ambiguous area of the law on an international scale.

The judicial systems, in most countries, mainly require two features that the courts must confirm.
 * The first one is **subject matter jurisdiction**. The court must decide if it has the power to hear that particular case or lawsuit such as civil, small claims, criminal cases etc…
 * The second requirement involves **personal jurisdiction**. This rule resolves whether or not the court has authority over a particular defendant.

Both categories of jurisdiction will be further explained in detail later below.

=Two Main Features of Jurisdiction:=

Subject Matter Jurisdiction
The issue of [|subject matter jurisdiction], or the ability of the court to hear a particular case, has many different categories. For most of the categories the basic regulations are simple enough to follow. The conflict occurs when other jurisdictions are involved. This matter only gets more complex on a global scale. The first category is cases that involve [|federal laws]. Federal laws include civil cases against any governing authorities, law enforcement matters, race and discrimination issues and most importantly copyright and patent infringement. Another category is [|Diversity of Citizenship] cases. This involves lawsuits not only national but also international regions. For example, in the U.S., courts have jurisdiction if an individual is filing a case against a citizen of a different state, whether national or foreign. Furthermore, the monetary damages must equal or exceed seventy five thousand U.S. dollars. These [|requirements] define the magnitude of cases involving other jurisdictions. An example of a national case with proper jurisdiction is if one individual sues another individual residing in another state within the U.S. with damages exceeding seventy five thousand dollars; the case can be presented in a federal court in either state. On an international scale the regulations become more complex and require extensive proof of damages and interactions causing harm. Individuals can be a citizen of only one state, yet business and corporations on the other hand have different regulations. A company can exist as citizens of two distinct states. They can be citizens of the state in which they primarily reside in and also a citizen of the state in which they conduct business. With regards to the internet, cases have difficulty being enforced and sometimes even being heard in the court.

The other category relating to subject matter is [|state court] jurisdiction. State courts have the authority to hear cases concerning matters occurring within the state that the court resides. Other than the few exclusive jurisdictional authority of the federal courts mentioned above, most cases are filed in state courts. In certain issues the case can be filed in dual jurisdictions. These issues include copyright infringement, patent and trademark issues, and also intellectual property issues. With the advent of computers and the internet there is a growing change over what jurisdiction can hear what cases, and requires amendments to the law in order to properly facilitate the lawsuit.

Personal Jurisdiction
The second requirement is [|personal jurisdiction] or the authority of the court over a particular individual. Unlike subject matter jurisdiction, personal jurisdiction is less ambiguous in regards to issues not pertaining to international situations. A court can have personal jurisdiction if the defendant resides in or operates business in that particular state. The basic rule is that state courts have jurisdiction over all citizens and business in that state. If the case consists on a global scale there is a completely different set of regulations to follow. In many situations these policies can become complex and involve political correlations between countries. It requires a delicate balance of these circumstances in order to be successfully dealt with.

If one is involved in conventional legal matters then they can be resolved in the manner mentioned above. But what events transpire when the issue concerns the internet. The state courts jurisdiction stops at the state line. An individual on the internet may operate thousands of miles away, yet can have a significant impact that requires legal action. One might be required to file a case in a different parts of the world. As stated above if the regulations regarding jurisdiction are evident then the case can be filed in the respective courts. But when the defendant is based internationally, there are many regulations that must be met. Due to the global scale of the conflict, the plaintiff and defendant must decide in which forum to best resolve the case. If the individuals connected to the case have minimal or no meaningful connection with the plaintiff then that individual cannot be brought to the local jurisdiction. Yet there are many other so called long arm statutes that allow for the jurisdiction to extend beyond its limits.


 * Causing damage (physical or verbal) within another state can be grounds for jurisdiction. The courts focus on the intent and the direction of the action. Most of these cases include defamation over the internet. In addition there is a high cost, mainly for the defendant, of filing a case in a different country.
 * Minimum contact is another aspect of where the long arm statues can obtain power. Minimum contact declares that a person or company that has particular contacts with an individual or business in that state may fall under their jurisdiction.

This aspect of jurisdiction many times falls between two extremes of this regulation. For instance, if there is continuing connections between the two states, or any business is implored including sizeable monetary gains constitutes jurisdiction. But the vagueness comes into effect when an individual has minimal connection and financial transactions with that state. This is where individuals and businesses on the internet have to proceed with caution. Anyone on the internet can be an author, publisher, and distributor. The idea that anyone can bring a lawsuit just on the grounds of access to the material proves to be a hindrance to anyone on the internet. From personal web pages to commercial sites, everyone must be cautious of what actions are taken. There have been many changing and new legislation and policies based on this topic. State and federal courts have instated a measurement of the degree to which one falls under the minimum contacts [|policy on the internet]. There are sites whose sole purpose is to post information without financial transaction or operation of active business, called Passive Site. These Passive Sites are highly unlikely to face litigation or fall under the jurisdiction where they do not operate or are located in. On the other hand, sites that conduct business or provide sales and operate active business are called Interactive Sites. Interactive Sites are more likely to be prosecuted under personal jurisdiction and face the consequences of the lawsuit in the forum state.

Consent is another form of obtaining authority, yet sometimes it can be sneaky and unsuspecting. Consent refers to the acknowledgment of both parties to the fact that any litigation can be filed in particular forum states. These types of agreements are common in businesses that operate in many regions and in corporation agreements. Both parties agree to hold any lawsuits in jurisdictions stated in the clause. The sneaky and tricky aspect of consent policy is in software manufacturers and online retail. Jurisdiction prerequisites in the form of ‘[|click through’ or click wrap]’ agreements are conditions that the consumer accepts when clicking on ‘I agree’ and ‘I accept’ while installing software or purchasing merchandise.

=Conclusion=

Jurisdiction itself can be an extremely complicated issue. It only gets more complicated with the use of computers and the internet. The regulations and laws for jurisdiction for North America are fairly similar, but there are some key differences in other parts of the world. Before the internet and advancement of computers there were minimal cases based on international grounds. The recent cases in the past few years are the precedent for others to follow. They also provide adequate guides for future legislation and laws to be improve and new ones to be created. As long as technology progresses the courts in any country will have to delegate jurisdiction of cases ranging in any subject. Individuals and businesses alike can not remain ignorant of the law and its consequences. For the smooth and unobtrusive operation of daily activities, the knowledge must be available to everyone around the world. Lawsuits and cases will not cease to exist as long as there are people who find loopholes in the law itself. The best approach to remedy the problem is knowledge and comprehension of international law.

=Works Cited=
 * "Subject-matter jurisdiction", [|www.answers.com], [|www.answers.com/subject-matter%20jurisdiction], Consulted on February 24, 2006
 * "Federal Laws", [|www.answers.com], [|www.answers.com/topic/federal-jurisdiction?method=5&linktext=Federal%20Jurisdiction], Consulted on February 24, 2006
 * "Diversity of Citizenship", [|www.answers.com], [|www.answers.com/topic/diversity-jurisdiction?method=5&linktext=Diversity%20of%20Citizenship], Consulted on February 24, 2006
 * "Jurisdiction Requirements", www-personal.umich.edu, www-personal.umich.edu/~rabrams/ new_pages/smjd_files/slide0001.htm, Consulted on February 26, 2006
 * "State Court", [|www.answers.com], [|www.answers.com/topic/state-court?method=5&linktext=State%20Courts], Consulted on February 23, 2006
 * "Personal Jurisdiction", [|www.answers.com], [|www.answers.com/topic/personal-jurisdiction?method=22], Consulted on February 24, 2006
 * "Internet Policy", [|www.megalaw.com], [|www.megalaw.com/top/internet.php], Consulted on February 24, 2006
 * "Click Wrap", [|www.answers.com], [|www.answers.com/main/ntquery?method=4&dsid=1512&dekey=clickwrap&gwp=8&curtab=1512_1&linktext=clickwrap], Consulted on February 25, 2006
 * “International Jurisdiction”, [|www.unc.edu], http://www.unc.edu/courses/pre2000fall/law357c/cyberprojects/spring01/Jurisdiction/pj/InternationalJurisdiction.htm, Consulted on February 20, 2006
 * Image - www.photodisc.com

=Additional Resources: Related Wiki Pages=
 * Canadian Copyright Act
 * Intellectual Property The Internet
 * Jurisdiction
 * Tort Law & The Internet
 * World Intellectual Property Organization
 * Legal Issues Associated with Copyright Law