Quiz 3: Courts and Jurisdiction
Snowmobiling is a term used for travelling on a vehicle specially designed for driving on snow for winter travel, mostly driven on terrains or trails. The vehicle is called snowmobile. The case specifies about four friends travelling on Upper Peninsula to go snowmobiling. The team leader stopped at a sign that intersected a private driveway. The leader in order to stop others gave a hand signal and pulled one of the snowmobile. In the process to stop, one snowmobile hurt own-self and went through surgery to repair his bones. He filed lawsuit against the other three drivers mentioning of their careless and negligent snowmobile operation. The case is filed in the Ohio state court unaware of the risk assumption involved in snowmobiling. While on the other hand Michigan statue specifies that snowmobilers assumed the risks associated with snowmobiling. The statements presented by both the court and Michigan are contrary, but Michigan law applies best to the case. In accordance with it, the leader tried to stop them to enter into private driveway that resulted in injury. It was an accident which was unintentional and thus all the three drivers are not questionable. The leader tried to stop them to enter into private driveway.
Federal question: Any case coming under the U.S Constitution, treaties, federal statutes and regulations is termed as federal question. Federal cases have limited access to hear cases and hence all cases are not meant for federal jurisdiction. The case is about the FDA's decision over the product concerning about safety. A new product to block the starch has been accused by the FDA of being a drug and irrelevant to be approved. The accused party has claimed jurisdiction over the product. The federal courts can only hear limited cases according to the federal question cases. And since this case is neither under the U.S Constitution nor treaties, federal statutes and regulations, it cannot be heard in federal courts. It has no jurisdiction over the case. Therefore, the company N cannot market it until it is approved by FDA.
Forum Selection Clause: It is a provision that designates a certain court to have the litigation over the case if there are disputes concerning the contract. This clause is mentioned in the contract with the name of the court having jurisdiction with a conflict of laws. Mr. and Mrs. S bought a seven-day cruise passage operated by CCL Corporation. They signed the contract stating that any lawsuit will be heard only in the state of Florida. While returning Mrs. S got injured and filed a lawsuit against CCL Corporation in district court of Washington. In accordance with the Forum Selection clause the selected court must have the jurisdiction to hear the case. The ship company has it mentioned in the ticket that the applicable court should be the one in their place of business as in the place where they have their headquarters. Hence, the plaintiff cannot file lawsuit in her district or state court. The forum selection clause is valid here and also enforceable for action.