Quiz 2: Courts and Alternative Dispute Resolution

Business

Factors determine the contact between parties: The court looks at the following factors to determine the contact between the defendant and the state of North Carolina are as follows; • The quantity of the contacts, • The nature and quality of the contacts, • The source and connection of the cause of action to the contacts, • The interest of the forum state and, • The convenience to the parties.

A person having sufficient stake in a matter carries standing to sue the relevant party. Sufficient stake here refers to having "sufficient harm" or "possibility of having sufficient harm" due to actions of other party. As per this case concern, having a ground fill site in front of the house can cause various problems to the house owners. The pollutants and the leaking chemicals can contaminate the groundwater and cause other pollutions. This pollution can affect the inhabitants of the nearby places and result in various diseases. The house owners (J M) are living in the nearby area of the landfill site and thus have the possibility of harm (sufficient stake in the matter). This means that that there is sufficient stake to sue the county. Hence, one can say that the house owners have the standing to sue the county.

Convenience of parties: The court states that the convenience of parties was not determinative in this case due to the following reasons; the court reiterates that litigation on interstate business transactions always involves inconvenience. Since in this case, the inconvenience would be the same for either the plaintiff or defendant.

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