Jurisdiction

Background/Facts: Determining jurisdiction in the courts can be confusing and complicated, but it is an important legal doctrine that businesses cannot ignore. Jurisdiction can affect business operations and determine business decisions, such as where the business is located and where and how to advertise and market the business. Where there are questions about possible jurisdiction in the courts, companies should consult an attorney.
TLG’s client, Clean, is facing other litigation and needs advice.
Clean is located in Maryland, but it advertises aggressively in all Mid-Atlantic States of Maryland, Delaware, Pennsylvania, West Virginia, and Virginia via the internet, social media, television, and mailings.
Recently Clean contracted with ABC Corporation (ABC), incorporated in Virginia, to clean ABC’s offices in Norfolk, Virginia. ABC paid for the cleaning and sanitizing services but later was dissatisfied with the services and sued Clean in Virginia to recover the cleaning costs. ABC is trying to decide whether it should file the case in Virginia or Maryland state court.
Applying the concept of personal jurisdiction to the scenario facts, discuss why you agree or disagree that the Virginia court has personal jurisdiction over Clean.
Applying the concept of personal jurisdiction to the scenario facts, discuss whether the Maryland court has personal jurisdiction over Clean.

 

Sample Solution

In law, jurisdiction refers to a court’s ability to hear and decide matters. This authority is based on the Constitution. Appellate jurisdiction, in which a higher court can correct legal errors made by a lower court; concurrent jurisdiction, in which a lawsuit can be filed in either of two or more courts; and federal jurisdiction are all examples of judicial jurisdiction (as opposed, for example, to state jurisdiction). A court may also have jurisdiction over a specific territory. In the United States, summary jurisdiction, which allows a magistrate or judge to conduct proceedings that result in a conviction without a jury trial, is confined to trivial offenses.

esearch suggest that one of the contemporary purpose of education is the preparation of workers for the global knowledge economy. The necessity of information technology in education is regarded as a political convention, decreed not only as the driver of economic growth, but advertised as the cure for social exclusion (Selmin et al 2001). The need to keep pace with society and prepare students for their roles in society are just two reasons to use technology in education. Educators and researchers refers strongly to the potential of technology to upgrade motivation and engagement of learners, to provide for different learning styles and improve learning outcomes (Eady and Lockyer 2013).

Therefore, literature suggest that one of the most powerful promises offered by technology is that learning will become more engaging. For example, Black (2008) and Ito et al (2008) suggest that interactivity of new media technologies provide a number of capabilities to enhance education. In fact, this is why drill and practice games , such as typing tutors can tempt children to learn content that they might otherwise consider ‘boring’. Studies completed by Collette Daiute (1985) demonstrates that children using word processors write better, because they can read their typed words, while they cannot read easily their own hand writing. Hence they receive instant feedback on their work, which they can easily modify using a word processor.

Other research finds that students learn more when they use technology to create new content themselves, rather than just being the receivers of material designed by others. A number of studies have found that students demonstrate stronger engagement, self-efficacy, attitudes toward school, and skill development when they are involved in creating own projects, such as creating reports, Power point presentation or video productions (Figg and Mchartney 2010; Elam et al 2012).

Vygotsky’s and Bandura’s theories provide educators with guidance on how to use technology in teaching and learning. . Learning occurs within a social environment, and technology can be used to facilitate social interaction and communication among learners in class, within a school, between schools and around the world (Eady and Lockyer 2013). Collaboration is also deep-rooted in Vygotsky’s theory of learning. He believed that in group-based learning there is a natural social nature of learning .Vygotsky proposed the notion of the zone of proximal development, which in essence is the difference between a learner’

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