Law Homework Help

CL 821 Concord Law School Jurisdictional Law Issues Within Provided Fact Pattern Case

 

Utilize the facts in the below scenario and research the law to answer the following:

1.Analyze the jurisdictional issues involved in TP’s lawsuit against Ruiz.

2.Analyze the jurisdictional issues with the U.S. prosecution of the kidnappers and the prospects of extradition.

3.Analyze jurisdictional issues with TP’s suit against FriendFace.

The scenario:

Ruiz is a Spanish national who resides in Spain and is an active user of the social network known as FriendFace. While in Spain, Ruiz posts a defamatory statement to FriendFace about a famous trombone player (TP) who lives in California, U.S.A. claiming TP was faking their recordings and couldn’t actually play. FriendFace is a U.S. company with its main offices in California, but its main servers are in Ireland.

While on vacation along the Spanish coastline, Ruiz posts their location on FriendFace. As a result, Ruiz is kidnapped by human traffickers and brought to the U.S. to work in a factory for no pay. Ruiz escapes from the factory and becomes the subject of a lot of media about being kidnapped and escaping. TP sees the media coverage about Ruiz getting a book and movie deal about her harrowing story and has Ruiz served with a summons and complaint alleging defamation and requesting damages. TP also sues FriendFace for allowing the defamation to be published.

The U.S. public, outraged at the kidnapping and enslavement of Ruiz (which is also illegal in Spain), demand the U.S. prosecute the kidnappers, but they’ve returned to Spain.

Put your answer in objective memorandum format with the following headings: 

QUESTION PRESENTED

BRIEF ANSWER 

STATEMENT OF FACTS 

DISCUSSION

CONCLUSION

cases supporting the research must be bluebook citation. 

The fact pattern “scenario” has the information you will need to research the law to provide the answers to the three (3) questions. 1.Analyze the jurisdictional issues involved in TP’s lawsuit against Ruiz.

2.Analyze the jurisdictional issues with the U.S. prosecution of the kidnappers and the prospects of extradition.3. Analyze jurisdictional issues with TP’s suit against FriendFace

cases involving extraterritorial law and those with actions occurring outside the physical boundaries of the jurisdiction. lots of fun in this one and I can clean up the formatting for a legal memorandum and any concerns with BlueBook proper citation as long as you can provide the proper case name etc.. 

Bluebook citation are how you cite a case. Example: “A court may assert general jurisdiction over foreign (sister-state or foreign-country) corporations to hear any and all claims against them when their affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011)

The case Dunlop is where you found the caselaw and cited prior to the case…then bluebook citations are used to cite that specific case and page.

also – “Specific jurisdiction lies where the defendant has established minimum contacts with the forum state and the dispute arises from those contacting activities with the forum state.” Yahoo! Inc. v. La Ligue Contre Le Racisme Et L’Antisemitisme, 433 F.3d 1199, 1204-05 (9th Cir. 2006).

The SPEECH Act makes sure the U.S. will not enforce foreign judgments which limit speech beyond that which is allowed by the U.S. Constitution.

For criminal jurisdiction, you can see examples of extraterritoriality for heinous crimes such as genocide, piracy, and human trafficking. One way criminal jurisdiction is different is that only the jurisdiction will enforce its own laws. Thus extradition is necessary. Extradition is the process of bringing the defendant to the jurisdiction which wants to prosecute them. The court reviewing an extradition petition may look at the seriousness of the crime, whether the reviewing country’s policies and laws, and dual criminality oppose the potential punishment. Dual criminality refers to the need for the alleged criminal activity to be a crime in both jurisdictions.

Thank you she had a wonderful birthday lunch.

This should be about 10/12 pages double spaced (except the notice may be single spaced if appropriate), one inch margins, 11 point Arial font, and Bluebook citation. 

So as you are analyzing jurisdictions and or “Dual Criminality” with regard to eh jurisdictional issues with the U.S. prosecution of the kidnappers and the prospects of extradition. The case you find supporting your basis needs to cited as per bluebook rules as per the above…thus noting the proper case, the jurisdiction, and page you pulled from the case. https://guides.ll.georgetown.edu/bluebook/citing-c…