Mary V Froogle

In: Business and Management

Submitted By fzyfrg
Words 755
Pages 4
Summary of Facts Mary owns and operates a business in Vermont that sells ski equipment to resorts based in Vermont. Mary signs a contract with California-based company Froogle, allowing her to advertise on their website. Mary never visits California, doing all her business either by phone or online. Froogle alleges Mary has violated the contract between the two parties and files suit in California. Mary claims California holds no jurisdiction over her, while Froogle believes that the company being based in California gives enough credence over personal jurisdiction.

Issue

The issue in this case is whether or not the California Court has personal jurisdiction over Mary.

Rule Abbott Power Corp. v. Overhead Elec. Co., 131 Cal. Rptr. 508 (Cal. Ct. App. 1976), held that Cal. Code Civ. Proc. § 410.10, which states that a court may exercise jurisdiction on any basis not inconsistent with the state or federal constitutions, allows for the broadest possible exercise of judicial jurisdiction.

Burger King Corp. v Rudzewicz, 471 U.S. 462, 471 (1985), ruled that for a case concerning a foreign defendant to be heard, the defendant must have intentionally established minimum contacts in the forum state. Typically establishing minimum contacts means that the defendant must have taken actions deliberately directed toward

the forum state. This does not require for the defendant to ever be present within the forum state; however, purposeful availment and minimum contact should not be found simply through incidental and fortuitous contact with a forum state.

Bridgestone Corp. v. Superior Court, 99 Cal. App. 4th 767 (Cal. App. 2d Dist. 2002), stated that a nonresident defendant whose activities within the state are substantial, continuous, and systematic is subject to general jurisdiction in the state. If no such activities exist, a defendant is subject to specific…...

Similar Documents

Mary and Max

...Mary and Max It is 1976, an 8-year-old Mary Daisy Dinkle (Bethany Whitmore) is a lonely little girl living in Mount Waverley, Melbourne, Australia. Her relatively poor family cannot afford to buy her toys or nice clothing, and she is teased by children at her school due to an unfortunate birthmark on her forehead. Her father is distant and her alcoholic, kleptomaniac mother provides no support. The closest thing she has to a friend is the man for whom Mary collects mail, Len Hislop, a World War II veteran who lost his legs as a prisoner of war and has developed agoraphobia. One day, she decides to write a letter to someone living in New York City: by pure chance she chooses Max Jerry Horowitz (Philip Seymour Hoffman) from a telephone directory. Max turns out to be a morbidly obese 44-year-old whose various mental problems (including anxiety attacks and overeating) have left him unable to form close bonds with other people. Max decides to write back to Mary, and the two become friends. Over time, Mary's increasingly sensitive questions about the adult world give Max progressively worse anxiety attacks, and he is ultimately institutionalized. During his time there, Max is diagnosed with depression and Asperger syndrome. Now aware of why he has difficulty relating to other people, Max finds a new lease on life and resumes his correspondence with Mary. The two remain friends for the next two decades, keeping one another updated on various events in their lives. Mary (Toni......

Words: 9871 - Pages: 40

Mary Rowlandson

...Mary Rowlandson’s story, The Sovereignty and Goodness of God, discusses her experiences when a group of Natives capture her and her family from their village in the New World. Her story is based on her beliefs and reasoning of why she thinks she went through the events she endured. Mary believed that the reasoning of this event was to test her trust and faith in God and her overall strength. Mary endured so much pain and suffering, but she never let her unfortunate experiences oversee the grace of God. It was tough to see the will of God while surrounded by what she saw as savages, but she kept her faith. She recognized God was her guidance and did not rely on any other being but Him. Mary shared the word of God with her union by using scripture; not only to tell others His word, but also to prove that she was walking with God. She believed that every time she quoted the Bible, not only was she becoming closer to God, but she was also making herself feel better. When Mary was put into a dangerous position, she showed a belief that God is an amazing being that rewards Christians as a result of their devotion to Him. She also showed that commitment and faithfulness to God was part of the Puritans everyday lifestyle. She may have lost a daughter and other family members, but she never gave up on her faith in God; instead she used her tragedies to spread the word of God and to please Him. Her religious beliefs assisted her throughout her captivity and she......

Words: 370 - Pages: 2

Mary Wollstonecraft

...sociologist is Mary Wollstonecraft, whose sociological work largely transformed subsequent studies, formation, ideologies and inclinations of the society towards women, education and human rights (Browning et al, 1999). This essay is going to critically evaluate the works of Mary Wollstonecraft as well as a critical analysis of the socialist contribution to the sturdy of the society. The essay will also evaluate the impacts of the sociologist’s ideas on current sociological studies regarding the society. Discussion Background information Mary Wollstonecraft was born on 27th April 1759 and died on 10th September 1797. She was considered a prolific writer, a staunch advocate for women rights and a philosopher. Mary has wrote various educational works and written several vindications. The writer’s work has significantly influenced contemporary studies on the society and sociology as well. Her fight for women rights and women engagement in education has significantly shaped theories and studies about the society (Ferguson & Janet, 1984). Contribution to the study of society Mary’s work has significantly contributed to the study of society. The sociologist advocates for the full involvement and engagement of young children in the education sector. In her book titled “Thoughts on the Education of daughters” and “original stories from real life”, Mary advocates for the importance of educating children into the middle class philosophy (Wardle, 1966). Mary postulated......

Words: 1650 - Pages: 7

Mary Cassatt

...Art History Mary Cassatt: The Impressionist Painter Cassatt was an American painter and printmaker. She lived much of her adult life in France, where she first befriended Edgar Degas and later presented among the Impressionists. She often created images of the social and private lives of women, with particular emphasis on the intimate bonds between mothers and children. Although she painted for the majority of her life, the paintings she painted later in life are her most well known pieces: These paintings documented the private lives of women and often children. Cassatt was born in Allegheny City, Pennsylvania on May 22, 1844. Her father was a successful stockbroker and land speculator and her mother came from a banking family. Mary was one of seven children in her family, two of her siblings died in infancy. Mary traveled many places as a young girl, including parts of Europe. Her family moved from Allegheny City, to Lancaster, Pennsylvania, and then to the Philadelphia area when she was six years old. When she traveled to Europe, she took art classes and found a passion for painting and drawing. Her family objected her thoughts of becoming a professional artist and ridiculed her for even considering painting as a career. Mary’s parents may have been concerned that she may develop the feminist thinking that many female artists had at that time. However, at the age of fifteen, Mary decided to start taking classes at a Pennsylvania school for art. She was only......

Words: 1035 - Pages: 5

Mary

...Accession of Mary Mary’s accession generally accepted and favoured by the English people, most likely because she was a legitimate successor There was the issue with Lady Jane Grey – Northumberland attempted to make his daughter-in-law, Lady Jane Grey, the successor after Edward. She was Queen for nine days, but was deposed and Mary carried on as legitimate successor. Faction Mary was determined to fill the council with loyal people, but she couldn’t prevent all rivalries! = Gardiner vs. Paget. The rivalry emerged over Mary’s marriage issue. Gardiner proposed that Mary should marry Courtnay, and Paget argued she should marry Phillip of Spain Some were also sceptical of some of her policies, such as the effectiveness of the burning of protestants. However, despite some disagreements with her policies, she managed to obtain agreement for 3 major steps: the full return to Rome in religion, her marriage to the heir of the Spanish throne and the declaration of war on France Faction was much less of a problem in Mary’s reign than her predecessors, with a greater sense of continuity and solidarity among most councillors. Marriage The first question on everybody’s lips was “Who should marry Mary?” Edward Courtney vs. Phillip of Spain Why Phillip? He was a Catholic He was Spanish, and Mary was half Spanish after all! He had more political experience as he had already been regent in the Netherlands Spain has money and owns most of Europe and the Americas It would......

Words: 308 - Pages: 2

Mary Jemison

...Upon reading the fascinating adventures of Mary Jemison, the American frontierswoman who was captured by Shawnee Indians and raised by the Seneca tribe, I was surprised to read the following excerpt: “…the attempts…made to civilize and Christianize them [the Indians] by the white people has constantly made them worse and worse; increased their vices, and robbed them of many of their virtues.” This statement should be understood in the proper context. When the first frontiersmen arrived, they also brought with them commerce, horses, guns, trade, whiskey, sewing, farming, and architecture. Many of the modernizations that were introduced were good; others were bad. But from the variety of things introduced into the Indians’ lives, it would be disingenuous to blame the vices of the Seneca on Christianity—a religion which teaches men “to love God with thy whole mind, body and soul, and love thy neighbor as thyself.” One should not forget that the neighboring Shawnee murdered Mary Jemison’s innocent family in cold blood, scalping her mother, father and siblings. Only she and another little boy were spared. Sin was not introduced by the white man. In reading further, Mary Jemison says that the Seneca believed that “the Christian religion is better calculated for the good of white people; and wonder that those who have embraced it, do not attend more strictly to its precepts.” This statement sheds greater light on her former words. It is evident that the Seneca Indians......

Words: 311 - Pages: 2

Froogle

...Mary signs a contract with Froogle to advertise on their website. Mary resides and has a business in Vermont. She has not visited California or did business there. She has only had business with Froogle online and phone calls. Froogle claims Mary has breached her contract and has filed suit in Califonia. Does California have jurisdiction over Mary? In the case, Bridgestone Corp. v. Superior Court, 99 Cal. App. 4th 767 (Cal. App. 2d Dist. 2002) a non resident that conducts substantial business in another state, then that said state would have jurisdiction. However, based on the information provided we can not confirm that Mary did any substantial business in California. We can only conclude she signed a contract with Froogle to advertise on their search engine. Also, in Burger King Corp. v Rudzewicz, 471 U.S. 462, 471 (1985), states that even though a contract may have been signed and tied to another state, it needs to have substantial ties to that state. We have information provided to us stating that Mary never visited California. So, the likely conclusion is that the contract was not signed in the state of California. We also can not confirm if Mary reached out to Froogle to advertise or if Froogle approached her. In conclusion, I do not believe California has jurisdiction over Mary based on the information presented. I do not believe she conducted substantial business in California or have strong ties to the state. I believe that Froogle will have to file within the......

Words: 258 - Pages: 2

Mary Kay

...Mary Kay India: The Hair Care Product Line Opportunity http://www.marykay.com/ 1. Synopsis : Based on a request received from GM -MK- India, Sheryl Adkins Green, vice president –Brand Development at Mary Kay Cosmetics Inc. is evaluating the expansion of MKC –Indian operation portfolio through a customized Hair Care Product line which will include the soap launched recently in 2008 and which outcome cannot be considered relevant for a decision due to the short launching time span. Previous introduction of hair care line in USA and Europe respectively In 1970 and 1990, proven to be unsuccessful, mainly due to MKC little experience in the Hair Care line being not part of its core business which encompasses: * Skin care * Makeup * SPA * body care * Sun care Products * Lip and eye care Prior to make a decision Sheryl-Adkins called for a staff meeting to debate two issues: a. Market Opportunity: Whether to launch introduce hair care products in India? b. Which elements of MKC’s culture; philosophy; distribution practices might be transferable? c. What would be the launching plan? 1. Hair Care Product line components and characteristics 2. Packaging Characteristics and sizes 3. When to launch the line 4. Mar-com Plan 5. Training of the Independent Sales Force 2. Situation Analysis 3.1 Mary Kay Inc. * Founded in 1963 headquartered in Dallas –Texas * Vision The vision......

Words: 2327 - Pages: 10

Maries Historie

...1 Litterær artikel Maries historie __________________________________________ Hvad afgør, om man har fundet sin egen identitet? Kan man skifte identitet ud fra hændelser i sit liv, og vil det påvirke individets identitet resten af livet, eller kan man skifte igen? Det er nok ikke noget så mange almindelige mennesker går og bryder deres hjerner med i en travl hverdag – altså tænker over hvem de er, hvilken identitet de har, og hvordan og hvad der har været afgørende for, at man er er blevet til den person, man er, og hvad der gør, at man lever efter specielle normer og værdier. Måske prøver nogle at flygte fra den identitet, de har skabt, eller nogle ender måske i en kasse, hvor de egentlig ikke rigtigt hører hjemme, men de ved ikke, hvordan de flygter fra det… Ovenstående tankevækkende spørgsmål kan man bl.a. læse om i Christina Hesselholdts novelle: ”Maries historie,” som blev bragt i ”Ud og SE” i Januar 1994. Christina Helleholdts novelle ”Maries Historie” handler om en kvinde, der bærer på en stor sorg efter tabet af hendes veninde Marie mange år tilbage. ”Vi var begge fyldt ti et år, Vi var ikke født den samme dag, men det føltes sådan.” (s 1 l 76.) Novellen er fortalt i første person som en jeg-fortæller med indre synsvinkel ”Jeg var udrustet til at møde et menneske der græd mere end jeg selv.” (s. 1 l. 5) På den måde får man virkelig jeg personens indre tanker og følelser med, som er vigtige for netop denne novelle, der bygger meget på tanker og følelser.......

Words: 1163 - Pages: 5

Transcript of Mary

...University Mary, Mother of Jesus Transcript Submitted To Dr. William Joseph Subash NBST 515 By Lisa Tipton Centerville, OH May 4, 2014 Lesson 1 History and life of Mary Introduction We will look into the history and life of Mary Mother of Jesus. Mary’s background is a key to understanding her as the human mother of the Son of God. Luke 2:6 says, “And so it was, that, while they were there, the days were accomplished that she should be delivered.” Mary represented every human who needed deliverance. It was almost as if she carried the weight of the world while also carrying the salvation for that world. While many honor her and pray to her over praying to Christ, we will learn of the human side of Mary. I. History of Mary a. Came from the line of Nathan, son of David (Luke 3:31)Matt b. Cousin of Elizabeth (Mother of John the Baptist) c. Found favor with God (Luke 1:30) d. Engaged to Joseph (Matt. 1:18) e. She was a virgin while married to Joseph until after the birth of Jesus (Matt. 1:19, 25) f. She was young and poor when visited by the angel Gabriel (Luke 1:27) II. Prior to the Birth of Christ g. According to the authors of Matthew (Matt. 1:18-25) and Luke (Luke 1:26-38), Mary was a virgin h. Knew Scripture concerning a virgin giving birth (Matt. 1:23) i. Married to a man that listened to and followed God (Matt. 1:20) Conclusion We will learn of the background of......

Words: 3150 - Pages: 13

Froogle

...MEMORANDUM Supervising Attorney 29 DEC 2015 Personal Jurisdiction Out of State Business Transactions FACTS Froogle a California based company, files a complaint against Mary, a client from Vermont. Mary argues that California does not have personal jurisdiction over her. All business is done over the internet; Mary has never been to California. ISSUE Does California have personal jurisdiction over Mary? RULE Snowney v. Harrah's Entertainment, Inc., 35 Cal. 4th 1054, 1055 (Cal. 2005), outlines the rule When determining whether specific jurisdiction exists, courts consider the relationship among the defendant, the forum, and the litigation. A court may exercise specific jurisdiction over a nonresident defendant only if: (1) the defendant has purposefully availed himself or herself of forum benefits; (2) the controversy is related to or arises out of the defendant’s contacts with the forum; and (3) the assertion of personal jurisdiction would comport with fair play and substantial justice. In Shisler v. Sanfer, 146 Cal App 4th 1254 (2006), the defendant, whose principal place of business was in Florida, maintained a website that advertised cars for sale. Plaintiff, a California resident, saw defendant’s advertisement and bought a car. Plaintiff was not happy with car and filed suit in California. Defendant claims California lacked personal jurisdiction of him. The trial court agreed with defendant and plaintiff now appeals. In order to sue......

Words: 416 - Pages: 2

Mary Wollestonecraft

...351 A VINDICATION OF THE RIGHTS OF WOMAN DOCUMENT 20-5 MARY WOLLSTONECRAFT A Vindication of the Rights of Woman community. He currence of his 1792 importing' civil The French Constitution of 1791, drafted by the same National Assembly that passed the "Declaration of the Rights of Man," confined full citizenship to a limited number of property-holding men. While many Enlightenment ideals that underlay the Revolution had developed in salons overseen by upper-class women, prevailing thought held that women lacked the intellectual and emotional capacity to participate in politics. The English radical Mary Wollstonecraft disagreed. Her response was A Vindication of the Rights of Woman, written to French diplomat Charles Talleyrand, who had recently advocated a very limited and domestic education for women. Ilmunity, saving rred by the wife property in her s. rty of the comIr the establishence, until she nal property of ions and those :annot alienate My own sex, I hope, will excuse me, if! treat them like rational creatures, consent. He is instead of flattering their fascinating graces, and viewing them as if they were in a state of perpetual childhood, unable to stand alone. I earnestly his wife, occa- wish to point out in what true dignity and human happiness consists - I wish to persuade women to endeavor to acquire strength, both of mind and body, and to convince heart, delicacy of sentiment, them that......

Words: 932 - Pages: 4

Mary Slessor

...Mary Mitchell Slessor was born in 1848 in Scotland, she was the second of seven children. She credited much of her good character to her upbringing from her deeply religious mother. Her father ran a shoe making business that did not go well, he became an alcoholic, which resulted hardship and poverty for the family. Mary started working to help provide for her family at a very young age, her wages became the primary source of the family income, she worked up to ten hours a day to make ends meet for her family. She became a Christian at a young age. She enjoyed going to church; it was a getaway from her unhappy life at home. Her older brother who was planning to go as a missionary died, at 25 years old, she decided to go in his place. She embarked on her missionary journey to calabar in 1975 where her battle for women’s rights began, she fell sick from malaria several times and eventually passed away in 1915, nearly forty years after coming to Africa, at the age of 66. Mary Slessor has become an inspiration to all who hear her story. She was not only a pioneer missionary, but also an activist for women in general. Slessor campaigned against injustices against women. Witchcraft and superstition were prevalent in Nigeria when she arrived there because traditional society had been torn apart by the slave trade. Human sacrifice routinely followed the death of a village dignitary for instance tribal customs like killing one wife of a chief in order for her soul to accompany her......

Words: 1100 - Pages: 5

Mary

...with government rules and regulations and contains new policy information which all staff are required to read as part of their contractual agreement. 2011 PB STERLING HOME 1/1/2011 UNIT III: HEALTH & SAFETY IN HEALTH & SOCIAL CARE INFORMATION BOOKLET SUBMITTED BY: MARIA ANTONIA BOC SUBMITTED TO: CHARLOTTE MILES SANDRA SMITH DECEMBER 12, 2011 CONTENTS: i. Introduction A. Location B. Aim C. View D. About our home E. Organizational Chart ii. Health and Safety iii. Trainings A. First Aid B. Fire Safety C. Control of Substances Hazardous to Health (COSHH) D. Manual Handling E. Infection Control F. Food Hygiene iv. Data Protection Act v. Whistle blowing Policy vi. Equal Opportunities and Discrimination vii. CRB and ISA Adult first checks viii. Disciplinary System ix. Confidentiality x. Disclosure Procedure xi. Legislations xii. Policies and Procedures for the safety of A. Residents B. Visitors C. Staffs xiii. Employers and employees responsibilities xiv. Accident/ Incident Reporting Procedures xv. Missing Service users/ Residents xvi. Fire and Health and Safety i. INTRODUCTION: This Staff Handbook provides you with a summary of the policies and procedures that operate in the Company. It should be read in conjunction with your Contract of Employment, as both documents form part of your terms and......

Words: 4288 - Pages: 18

The Virgin Mary

...Mary (mother of Jesus) From Wikipedia, the free encyclopedia (Redirected from Virgin mary) Jump to: navigation, search "Virgin Mary" redirects here. For other uses, see Virgin Mary (disambiguation). "Saint Mary" redirects here. For other uses, see Saint Mary (disambiguation). This article is an overview. For specific views, see: Anglican, Eastern Orthodox, Ecumenical, Islamic, Lutheran, Protestant, and Roman Catholic perspectives. Mary The Madonna in Sorrow, by Sassoferrato, 17th century Born Unknown; celebrated 8 September[1] Residence Nazareth, Galilee Nationality Israelite, Roman Empire[2] Ethnicity Israelite Spouse Joseph[3] Children Jesus of Nazareth Parents (According to the Gospel of James, circa 2nd Century AD): Joachim and Anne[4] Mary (Hebrew: מִרְיָם, Miriam; Aramaic: Maryām; Arabic:مريم, Maryam), variously called Saint Mary, Mother Mary, the Virgin Mary, the Theotokos, the Blessed Virgin Mary, Mary, Mother of God, and, in Islam, as Maryam, mother of 'Isa, was an Israelite[5] woman of Nazareth in Galilee who lived in the late 1st century BC and early 1st century AD, and is considered by Christians to be the first proselyte to Christianity. She is identified in the New Testament[Mt 1:16,18-25][Lk 1:26-56][2:1-7] and in the Qur'an as the mother of Jesus through divine intervention. Christians hold her son Jesus to be "Christ" (i.e. the messiah), and Muslims regard him as an important prophet of God. The canonical gospels of Matthew and...

Words: 9965 - Pages: 40

Familiar Wife | Sea Breeze #6 - Misbehaving | Back to the Jack