Question

Scenario One: You purchase a $76,000 pencil drawing from an online art dealer in another state who claims it is an original Andy Warhol work. You later discover that the art piece is not an original work but a photocopy.

Scenario Two: Jane hires Bob, a local web designer, to create a web-page for her small business. She pays him $5,000 to do the work via a clickwrap agreement (I accept; I agree) that appeared on Bob’s web design website and which Jane clicked. There is no signature and no paper on record.

Scenario Three: Shannon became upset when a competing bakery owner went onto a community online message board and made false statements about Shannon’s kitchen facilities being unsanitary. This resulted in the loss of many of Shannon’s customers.

determine the following for each scenario: if legal action commences, would jurisdiction be in federal or state court, could a complaint be filed in civil or criminal court or both,

and what are the associated burdens of proof.

Scenario #	Field of Law	Contracts	Sales	Criminal Law	UCC
	1. 2.	1. 2.	1. 2.	1. 2.	1. 2.
	1. 2.	1. 2.	1. 2.	1. 2.	1. 2.
	1. 2	1. 2.	1. 2.	1. 2.	1. 2.

Answer 1

Answer:

In scenario one, jurisdiction would be in federal court as both the seller and the buyer are from different states and it would be difficult for them to try the case in any of the state court as any of the party would be required to frequently travel to the other states. Moreover, since the seller has sold the product in one state and the buyer has bought the product in another state, therefore, no particular state jurisdiction can be appropriate for both the parties. Complaint could be filed in civil court as it does not have any intention of crime. Burdens of proof includes the buyer to present the evidence that he has purchased from the seller and that he was promised something else by the seller and he received the copied product rather than the original product. Burdens of proof include the seller to present the evidence that he has sold the product that he has promised.

In scenario two, jurisdiction would be in state court where offering and accepting of $5000 has taken place. Complaint could be filed in civil court as the case does not involve any of the criminal intention and proof. Burden of proof on Jane is that she is required to provide the evidence that she has accepted “I agree, I accept” terms and that she has paid $5000 to bob.

In scenario three, jurisdiction would be in state court where competing bakery owner went onto a community online message board and made false statements about Shannon’s kitchen facilities. Complaint can be filed in the criminal court as defamation is a conduct of criminal action. Burden of proof over Shannon is to present the evidence that competing bakery owner has put the online message that were of defaming in nature.