回复:请教单身老猫一个关于经济纠纷的法律问题。多谢解答!

来源: apt 2007-07-19 09:15:44 [] [旧帖] [给我悄悄话] 本文已被阅读: 0 次 (1349 bytes)
Without more information, it is almost impossible to answer your question. You need to provide information on: what happened, where it happened, was there a contract, things like that.

Federal courts normally have alienage jurisdiction over this matter under 28 USC 1332(a)(2). Dependent on where the event occurred and how the contract was written, a federal court may not take the case. For example, if the defendant is domiciled in China and majority of evidences/witnesses are in China, or the contract requires the court to apply Chinese law, the court will invoke Forum Non Conveniens to dismiss the claim.

The other problem is that even if majority of the above can be located in the United States, and the court can assert subject matter jurisdiction under 1332, it still need find personal jurisdiction. Required by 5th Amendment of the Constitution, the defendant must have minimum contact with the US.

A state court may be your better choice because state court has general jurisdiction. Again, the issue is personal jurisdiction. Under 14th Amendment, either the state has long arm statute to govern this matter and it does not offend the fairness and substantial justice, or the defendant must have minimum contact with the state for the state to assert jurisdiction over him, or the case will be dismissed.
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