CH2

Question 1

What does the text emphasize about jurisdiction in the context of the Internet and legal institutions?

Answer 1

The text emphasizes the importance of jurisdiction in the context of the Internet and legal institutions. It underscores that having a legal decision is meaningful only if it can be enforced against property or the person of the defendant.

Question 2

What are the four overlapping doctrines of judicial power mentioned in the text?

Answer 2

Answer: The four overlapping doctrines of judicial power mentioned in the text are:
Personal jurisdiction
Notice by arrest, service of process, or otherwise
Choice of law
Venue

Question 3

How did venue rules historically determine where a lawsuit could be brought and what law would be applied?

Answer 3

Answer: Historically, venue rules determined both where a lawsuit could be brought and what law would be applied. “Local” causes of action had one acceptable venue, whereas “transitory” causes of action could have several venues. The choice of venue also determined the choice of law.

Question 4

How are international criminal law and enforcement of criminal judgments different from civil cases concerning jurisdiction?

Answer 4

International criminal law and enforcement of criminal judgments differ from civil cases in that criminal jurisdiction is more strictly limited to the territory of the state that created the law. For international crimes, the concept of piracy is one example, but it usually involves obtaining custody of the criminal

Question 4

What does the text suggest about the relationship between personal jurisdiction and the location of a human defendant or assets in cyberspace?

Answer 4

The text suggests that personal jurisdiction in cyberspace is influenced by the location of a human defendant or assets. It highlights that the limits of judicial power are determined, to some extent, by the presence of a human defendant or identifiable assets in specific jurisdictions.

Question 5

What is the significance of recognition of a foreign judgment, and what factors can affect whether a foreign judgment is recognized in the United States?

Answer 5

Recognition of a foreign judgment is essential for enforcing it in the United States. Factors that can affect whether a foreign judgment is recognized include violations of procedural due process, lack of personal jurisdiction in the rendering court, and violations of public policy in the recognition state.

Question 6

How might a plaintiff in a lawsuit attempt to enforce a judgment against a defendant’s assets or obligations in the context of the Internet?

Answer 6

A plaintiff in a lawsuit might try to enforce a judgment against a defendant’s assets or obligations in the context of the Internet by attaching property, including debts, within the jurisdiction. In the case of Internet service providers or routers, the obligation to handle messages or packets from the defendant might be considered property subject to garnishment, thereby restricting the defendant’s access to the domestic market.

Question 7

What does the text emphasize about jurisdiction in the context of the Internet and legal institutions?

Answer 7

The text emphasizes the importance of jurisdiction in the context of the Internet and legal institutions. It underscores that having a legal decision is meaningful only if it can be enforced against property or the person of the defendant.

Question 8

What are the four overlapping doctrines of judicial power mentioned in the text?

Answer 8

Answer: The four overlapping doctrines of judicial power mentioned in the text are:
Personal jurisdiction
Notice by arrest, service of process, or otherwise
Choice of law
Venue

Question 9

How did venue rules historically determine where a lawsuit could be brought and what law would be applied?

Answer 9

Historically, venue rules determined both where a lawsuit could be brought and what law would be applied. “Local” causes of action had one acceptable venue, whereas “transitory” causes of action could have several venues. The choice of venue also determined the choice of law.

Question 10

What does the text suggest about the relationship between personal jurisdiction and the location of a human defendant or assets in cyberspace?

Answer 10

The text suggests that personal jurisdiction in cyberspace is influenced by the location of a human defendant or assets. It highlights that the limits of judicial power are determined, to some extent, by the presence of a human defendant or identifiable assets in specific jurisdictions.

Question 11

How are international criminal law and enforcement of criminal judgments different from civil cases concerning jurisdiction?

Answer 11

International criminal law and enforcement of criminal judgments differ from civil cases in that criminal jurisdiction is more strictly limited to the territory of the state that created the law. For international crimes, the concept of piracy is one example, but it usually involves obtaining custody of the criminal.

Question 11

What is the significance of recognition of a foreign judgment, and what factors can affect whether a foreign judgment is recognized in the United States?

Answer 11

Answer: Recognition of a foreign judgment is essential for enforcing it in the United States. Factors that can affect whether a foreign judgment is recognized include violations of procedural due process, lack of personal jurisdiction in the rendering court, and violations of public policy in the recognition state.

Question 12

What are the four main factors that choice of law rules consider in civil cases, such as defamation claims in the Gli?

Answer 12

Answer: In civil cases like defamation claims in the Gli, choice of law rules consider four main factors:
The place where the injury occurred
The place of the conduct causing the injury
The domicile, residence, nationality, place of incorporation, and place of business of the parties
The place where any relationship between the parties is centered

Question 13

How might a plaintiff in a lawsuit attempt to enforce a judgment against a defendant’s assets or obligations in the context of the Internet?

Answer 13

A plaintiff in a lawsuit might try to enforce a judgment against a defendant’s assets or obligations in the context of the Internet by attaching property, including debts, within the jurisdiction. In the case of Internet service providers or routers, the obligation to handle messages or packets from the defendant might be considered property subject to garnishment, thereby restricting the defendant’s access to the domestic market

Question 14

How does the text suggest the potential enforcement of civil judgments against obligations in the context of the Internet?

Answer 14

The text suggests that the potential enforcement of civil judgments against obligations in the context of the Internet could be achieved through garnishment, particularly when the obligations are considered property subject to garnishment.

Question 15

In the context of international criminal law, what are some examples of international crimes that have been recognized?

Answer 15

In the context of international criminal law, examples of international crimes that have been recognized include piracy, air piracy, acts of terrorism, and crimes against humanity.

Question 16

What is the central issue in choice of law cases involving defamation and intellectual property infringement actions in the Gli?

Answer 16

The central issue in choice of law cases involving defamation and intellectual property infringement actions in the Gli is to determine the state with the most significant relationship to the occurrence and the parties.

Question 17

What are the factors that choice of law rules consider in contract cases in determining the most significant relationship between the parties and the transactions?

Answer 17

In contract cases, choice of law rules consider factors such as the place of contracting, the place of negotiation of the contract, the place of performance, the location of the subject matter of the contract, and the domicile, residence, nationality, place of incorporation, and place of business of the parties.

Question 18

Why has the United States found it challenging to negotiate judgment recognition treaties with other countries?

Answer 18

The United States has found it challenging to negotiate judgment recognition treaties with other countries due to difficulties in reaching agreements on the terms and criteria for recognizing foreign judgments.