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This my homework question: Assume that Andy’s Auctions, Inc.

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Assume that Andy’s Auctions, Inc. is a corporation with its principal place of business in Illinois. Mike is a proprietor of a small shop in Georgia that sells used motorcycles. Andy’s calls Mike and offers to sell Mike 25 used motorcycles he has on his auction lot. Mike signs a contract with Andy’s Auctions, Inc. to purchase the motorcycles. Andy has never been to Illinois; all of his business with Andy’s Actions, Inc. was done either online or via telephone. Mike, of course, knows that Andy’s Auctions, Inc. has its principle place of business in Illinois.When Mike receives the motorcycles, he examines them and discovers that five of the bikes are damaged and do not conform to the contract, that states the bikes will be delivered in excellent condition. Mike pays Andy for 20 bikes and refuses to pay for the five damaged bikes. Andy disagrees with Mike and files a lawsuit in the circuit court in Illinois claiming that the bikes do conform to the contract and that Mike owes him the purchase price for all 25 bikes. Mike claims that the Illinois court has no personal jurisdiction over him, while Andy claims that the state does have jurisdiction over him because he knowingly did business with an Illinois company. Assume that there is no applicable possibility of quasi in rem jurisdiction.Please write an IRAC-style essay explaining whether Illinois likely to have personal jurisdiction over Mike.NOTE: Please disregard the contract issue for purposes of this assignment. Focus on personal jurisdiction, only

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Submitted: 10 months ago.Category: Homework
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10/1/2017
Tutor: DrLegal,
 replied 10 months ago
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Dear Customer ,

Thank you for posting your legal question today in relation to the laws on personal jurisdiction for non-residents in the State of Illinois.

There are two types of personal jurisdiction in relation to non-residents : specific jurisdiction and general jurisdiction.

The law in relation to specific jurisdiction is the following:

" is whether Mike has “purposefully directed [their] activities at [Illinois].” Russell, 987 N.E.2d at 787. The second prong of the specific jurisdiction analysis considers whether Andy's auctions claims arise from or relate to Defendants’ Illinois contacts. In Illinois, to satisfy the second factor of the specific jurisdiction analysis, the plaintiff’s claim “must directly arise out of the contacts between the defendant and the forum.” Spartan Motors, Inc. v. Lube Power, Inc., 337 Ill. App. 3d 556, 561 (2nd Dist. 2003)"

General jurisdiction is more difficult to establish.

"Mavrix Photo, Inc. v. Brand Techs., Inc., 647 F.3d 1218, 1224 (9th Cir. 2011). The Supreme Court has explained that “a court may assert general jurisdiction over foreign (sister-state or foreign-country) corporations to hear any and all claims against them when their affiliations with the State are so continuous and systematic as to render them essentially at home in the forum State.” "

Your question is also covered by statute law :

"

5/2-209. Act submitting to jurisdiction--Process

§ 2-209. Act submitting to jurisdiction--Process. (a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:

(1) The transaction of any business within this State;

(2) The commission of a tortious act within this State;

(3) The ownership, use, or possession of any real estate situated in this State;

(4) Contracting to insure any person, property or risk located within this State at the time of contracting;

(5) With respect to actions of dissolution of marriage, declaration of invalidity of marriage and legal separation, the maintenance in this State of a matrimonial domicile at the time this cause of action arose or the commission in this State of any act giving rise to the cause of action;

(6) With respect to actions brought under the Illinois Parentage Act of 1984, as now or hereafter amended, [FN1] the performance of an act of sexual intercourse within this State during the possible period of conception;

(7) The making or performance of any contract or promise substantially connected with this State;

(8) The performance of sexual intercourse within this State which is claimed to have resulted in the conception of a child who resides in this State;

(9) The failure to support a child, spouse or former spouse who has continued to reside in this State since the person either formerly resided with them in this State or directed them to reside in this State;

(10) The acquisition of ownership, possession or control of any asset or thing of value present within this State when ownership, possession or control was acquired;

(11) The breach of any fiduciary duty within this State;

(12) The performance of duties as a director or officer of a corporation organized under the laws of this State or having its principal place of business within this State;

(13) The ownership of an interest in any trust administered within this State; or

(14) The exercise of powers granted under the authority of this State as a fiduciary.

(b) A court may exercise jurisdiction in any action arising within or without this State against any person who:

(1) Is a natural person present within this State when served;

(2) Is a natural person domiciled or resident within this State when the cause of action arose, the action was commenced, or process was served;

(3) Is a corporation organized under the laws of this State; or

(4) Is a natural person or corporation doing business within this State.

(c) A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States.

(d) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in this Act, with the same force and effect as though summons had been personally served within this State.

(e) Service of process upon any person who resides or whose business address is outside the United States and who is subject to the jurisdiction of the courts of this State, as provided in this Section, in any action based upon product liability may be made by serving a copy of the summons with a copy of the complaint attached upon the Secretary of State. The summons shall be accompanied by a $5 fee payable to the Secretary of State. The plaintiff shall forthwith mail a copy of the summons, upon which the date of service upon the Secretary is clearly shown, together with a copy of the complaint to the defendant at his or her last known place of residence or business address. Plaintiff shall file with the circuit clerk an affidavit of the plaintiff or his or her attorney stating the last known place of residence or the last known business address of the defendant and a certificate of mailing a copy of the summons and complaint to the defendant at such address as required by this subsection (e). The certificate of mailing shall be prima facie evidence that the plaintiff or his or her attorney mailed a copy of the summons and complaint to the defendant as required. Service of the summons shall be deemed to have been made upon the defendant on the date it is served upon the Secretary and shall have the same force and effect as though summons had been personally served upon the defendant within this State.

(f) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon subsection (a).

(g) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law."

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Customer reply replied 10 months ago
I HAVE 1 MORE QUESTION. IT AS FOLLOWS:It was a dark and stormy night and Snow White and three of the seven dwarfs, Happy, Doc and Bashful, were hatching a plan to get back at the Evil Queen for the whole poisoned apple episode. Snow White wants the whole gang to accost the Evil Queen as she is getting home from work and to grab all of her money and then run away.They all go to the Evil Queen's house and camp out in her driveway. A while later, the Evil Queen, tired from a long day of doing all sorts of evil things, is driving home. She decides to stop off at a local bar and to let off some steam. She drinks a few shots of vodka and relaxes a bit. The Evil Queen gets drunk. She sees car keys on the counter that she assumes to be her own and takes them. She goes to the parking lot and, because of her state or drunkenness, she mistakenly enters the wrong car. Amazingly, the car she enters happens to be the car for which the keys work. The Evil Queen drives off.On the way home, the Evil Queen, who has a blood alcohol content that is over the legal limit, loses control of the car and hits a bystander. Meanwhile, Snow White and the dwarfs are getting to be restless. Bashful, who does not like confrontation in any case, decides to go home. By the time the Evil Queen gets home, only Snow White, Happy and Doc are there.With Doc and Happy hiding in the bushes, Snow White lunges at the Evil Queen and announces, "Give me all your money or I'll kill you." The Evil Queen, in a combative mood because of the alcohol in her, takes out a poisoned dagger and says, "I may not have gotten you with the apple, but this will kill you." Fearing for Snow White's Life, Happy pulls out his gun and shoots and the Evil Queen, but misses. The Evil Queen then lunges at Snow White. Snow White eludes the stab and pulls out her gun and shoots the Evil Queen and hits her. The Evil Queen survives but sustains severe injuries.Later, the police come, and Snow White and the dwarfs run away. Snow White visits another dwarf, Grumpy, and tells him the whole story. Grumpy agrees to dispose of the gun and he does so. Eventually, Snow White, Happy, Doc, Bashful, and Grumpy and the Evil Queen are all arrested.Snow White is charged with attempted robbery.Snow White and Happy are each charged with attempted murder of the Evil Queen.The Evil Queen is charged with larceny of the car and assault on the bystander.Happy, Doc, Bashful and Grumpy are all charged with accomplice liability for the robbery.The parties employ the following defenses:- Snow White asserts self-defense for the attempted murder of the Evil Queen.- Happy asserts "defense of another" against the charge of attempted murder of the Evil Queen.- The Evil Queen asserts intoxication as a defense to both of the charges against her.- Finally, Happy asserts that he was only 15 years old at the time of the incident.In your assignment, please discuss all of the charges against all of the above parties and if the charges will stick. You should also discuss if the defenses raised are valid defenses.
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