Legal Environment of Business DB

legal power is defined as the inherent authority of a court to gain vigor and declare a judgment (Wests cyclopedia of Ameri tail assembly Law, 1998). An aggrieved party moldiness first determine where to file his case or complaint. In the ratiocination thereof, he must as reliable which court has legal power to take ken of his case. An erroneous determination can result in an opportunity for the defendant to challenge this and fall in the complaint dismissed (Wests Encyclopedia of American Law, 1998). on that point are different kinds and classifications of legal power. For purposes of this discussion, the pertinent jurisdiction that will be discussed shall be psycheal jurisdiction. Personal jurisdiction is the authority of the court all oer the person of the defendant (in personam) or in the airplane propeller (in rem) subject of litigation (Wests Encyclopedia of American Law, 1998). Traditionally, personal jurisdiction is limited to the geographical or territorial reserv e area where the defendant or the person sued is present. Through the years, territoriality of personal jurisdiction has enlarged and expanded (Wests Encyclopedia of American Law, 1998).Limiting personal jurisdiction merely on the basis of territory resulted in problems more than sound out in stock transactions and dealings across territories. Judicial variant and legislative enactments enlarged personal jurisdiction through languish-arm statutes which most states have (Wests Encyclopedia of American Law, 1998). These statutes allowed a state court to acquire jurisdiction over a defendant even if he is in other state in certain cases such as when the issue involves melodic phrase transactions when it involves tort or when issue involves real property fit(p) within such state (Wests Encyclopedia of American Law, 1998).With the development of internet, it has soft become an interstate and international medium for business transactions without existence physically present in other states. This discussion will prove to illustrate internet jurisdiction.I have chosen the weather vane internet site blushful Envelope (Red Envelope tissue site, n.d.). Using the interactive use show for jurisdiction, the web site creator of Red Envelope whitethorn be held subject to the jurisdiction of any state that engages in business with the web site. distinctly, an analysis of the content specified in the pertinent web site reveals that there is a two-way online communication between the customers and the company, Red Envelope. A customer can easily order an concomitant as specified in the web site for an amount stated in that and subject to other terms such as the terms of shipment. Clearly the selective entropy and description therein is for the purpose of soliciting business (Wolf, 1999).Personal jurisdiction is an issue for those who post web sites because it determines which state courts shall have authority over the issue of a case and the internet actor without infringing the due bear upon clause of the U.S. Constitution. The courts, in the exercise of judicial power can despoil a person of liberty through imprisonment or of property by imposition of pecuniary liability in favor of a party who seeks relief. Thus, it is crucial for a web site owner to make love if the court of a specific state or country can have such authority to hear and decide the claim that whitethorn arise from the use of the web site.Ordinarily, courts acquire personal jurisdiction over the defendant if he is present within the geographical or territorial area where the court sits. An exception to this rule is in the case of long arm statutes where the court whitethorn apply its provisions under the instances discussed above. Invoking the diligence of the long arm statute to a particular case is equivalent to having the court possess such authority over the defendant to open a binding decision notwithstanding the fact that the defendant may not be present with in the territory where the court sits. Clearly, creators of web site who may not be present in a territory where the court sits may be held liable and accountable in a binding decision.Based on an article of Christopher Wolf, there exists an interactive-passive test of jurisdiction. The distinction lies in that, interactive test connotes that interactive uses have taken place within a state (Wolf, 1999). This means that there is more than a two-way line of internet communication to attract customers into harming business with them as against mere information offered regarding matters (Wolf, 1999). Moreover, it signifies a high direct of activity of business transactions.For instance, in the case of Red Envelope, terms and conditions for the exchange of described items are clearly specified such that customers need only if to order and enter their credit card numbers for payment of the item ordered. On the other hand, a passive test connotes mere information posted in the web site for the viewers information and satisfaction of interest in so far as the specifics of certain item or items. Finally, advertising alone does not vest a court personal jurisdiction. It takes a higher degree of activity or sales made and contacts to forum residents (Wolf, 1999).ReferencesRed Envelope web site. Retrieved on February 18, 2008, from http//www.personalcreations.com/?nc=38622&refPg=%2fhome.jsp&hp=-9782&nc2=1.Wests Encyclopedia of American Law. The Gale Group, Inc. 1998.Wolf, C. Standards for internet jurisdiction. 1999. Retrieved on February 18, 2008, fromhttp//library.findlaw.com/1999/Jan/1/241482.html