Memorandum of Law

Has a website that provides downloadable information, e-mail communication, and ways of purchasing a CD-ROM ôpurposefully availedö itself under the minimum contacts test, thus creating personal jurisdiction?

Via their website, the defendants, residents of Yertle, knowingly did business with the resident of another state (Geisel). Consequently, they purposely availed themselves of doing business in Geisel, which satisfies the minimum contacts test. Therefore, the court in Geisel may properly exercise personal jurisdiction over the Whoville Chamber of Commerce and Donald Lorax.

Our client, Theodore Redfish, owns and operates a small Internet communications company called Green Eggs Æn Ham, Inc. (ôGreen Eggsö). The company is located in the town of Horton Heights in the state of Geisel.

Green Eggs designs websites and counsels clients on how to market products over the Internet. Redfish wanted to expand his business, so he examined the websites of several cities on the Internet. Redfish assumed that any city savvy enough to operate a website would be a good location for his company.

Redfish soon came across the website for Whoville, a town in the state of Yertle. The town operated an extensive website that included excerpts of its Chamber of Commerce newsletter, which could be down

. . .
potential defendants reside in the state of Yertle, while the plaintiff is domiciled in Geisel. Therefore, the question is whether a court in Geisel can exercise personal jurisdiction over residents of another state. The U.S. Supreme Court has created a ôminimum contactsö test to determine whether a court in one state may exercise personal jurisdiction over the resident of another state. The three-part test requires sufficient minimum contacts with the forum state, a claim that arises out of those contacts, and the exercise of jurisdiction must be reasonable. The first prong is most important. Here, the Geisel court can clearly exercise personal jurisdiction over one of the parties (Green Eggs) because the company is domiciled in the state. The question is whether the defendantsùthe Whoville Chamber of Commerce and David Loraxùhave sufficient minimum contacts with the state to justify the exercise of personal jurisdiction. The relevant criterion for minimum contacts is whether the defendants ôpurposely availedö themselves of doing business in the state of Geisel. The defendants will argue that they did not purposely avail themselves of doing business in Geisel because they operate their website in another state (Yertle) a
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Approximate Word count = 1304
Approximate Pages = 5 (250 words per page)

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