Question

Paul Mitchell , a student at Texas A&M University, learned that he received a D in his anatomy class which meant that he will have to attend Summer School and would not be able to attend the orientation for a medical school that had accepted him, pending he passes all of his classes.

Paul was upset and he went to speak to his professor, Mr. Whittaker, (a visiting professor from Arkansas), to see if he would understand the predicament this grade has got him in. Mr. Whitaker told him that the grade stands and that he will just have to attend summer school to repeat the course. Mr. Whittaker left and went back to Arkansas and was enjoying his summer. Paul who has left the campus and had return to New York was not enjoying his summer and decided to make a Facebook post stating that Mr. Whittaker should be shot and that he was a pedophile who gave him a bad grade because he found out about his past.

When Mr. Whittaker heard about the post and read it, he decided to file a lawsuit against Paul for defamation.

Base on the notes that covered jurisdiction, which state’s forum has jurisdiction to hear this matter.

New York/Arkansas/ or Texas? Explain your reasons for your decision.

Answer 1

answer-

As we know Jurisdiction authority of a court to hear a case. in this case, Paul Mitchell is a student of Texas. This way, Mr. Whittaker should file lawsuit in texas court because of personal Jurisdiction over Paul Mitchell.

To decided in which court defandant must be sued, these conditons must be followed-

The court must have power over the defendant that you are suing, which is known as personal jurisdiction, and it must have the power to resolve the legal issues in the case, which is known as subject matter jurisdiction.

note-Personal Jurisdiction

Any state court will have personal jurisdiction over any individual who is a citizen of that state, as well as any business that conducts business in that state

note-Subject Matter Jurisdiction

While personal jurisdiction involves the location of the court, subject matter jurisdiction involves choosing between federal and state courts. Most lawsuits are filed in state courts, unless the case involves a question of federal law. Federal question jurisdiction can arise in patent infringement cases, civil rights cases, federal tax cases, and other areas that the federal government extensively regulates.

If Mr. Whittaker does not want to file suit in Texas then they can file in Arkansas but they need to send summon of the court to file the suit.