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Business Law Case Briefs 2

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Essay / Research Paper Abstract

A 15 page paper providing briefs of four cases: Anderson v. Treadwell, Eldred v. Ashcroft, Matimak Trading Co. v. Khalily and D.A.Y. Kids Sportswear Inc., American Canoe Association v. Murphy Farms, Balistreri v. Nevada Livestock Production Credit Assn., Oz Technology Incorporated v. Environmental Protection Agency and Sengoku v. RMC International. Bibliography lists 12 sources.

Page Count:

15 pages (~225 words per page)

File: CC6_KSlawBriefsQ.rtf

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Unformatted sample text from the term paper:

D.A.Y. Kids Sportswear Inc TRIBUNAL: United States, Second Circuit Court of Appeals, 1997. ISSUE: This case does not address the grievance that Matimak holds against Albert Khalily and D.A.Y. Kids Sportswear Inc. It limits the deliberations of the Second Circuit Court of Appeals to whether Matimak is entitled to claim alienage jurisdiction in filing the suit. The central issue is whether Hong Kong is a foreign state. Though it has its own laws, it was under the control of the United Kingdom at the time of the suit, and that control was scheduled to revert to China. Because Hong Kong was subject to one foreign state and later would be subject to another, the question is that of Hong Kongs status for the purposes of alienage jurisdiction. FACTS: * Hong Kong company Matimak has a grievance against two United States companies and wants to sue both of them for breach of contract. * Matimak wants to claim alienage jurisdiction as the subject of a foreign state. * In the past, the courts have defined a "state" as being an entity that has a defined territory and operates under the control of its own government. Hong Kong did have a defined territory and it its own laws in 1997. Those laws, however, were subordinate to those of the United Kingdom. * Without alienage jurisdiction, Matimak cannot bring suit against either Albert Khalily or D.A.Y. Kids Sportswear Inc. in federal court. It can make its claim in a state court instead. HOLDING: Hong Kong does not qualify as a foreign state, therefore it cannot be granted alienage jurisdiction. REASONING: * Hong Kong has a defined territory and its own laws, but it does not operate under its own government. * If the ...

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