Farquhar College of Arts and Sciences
LEGS 4470 Emerging Technologies and the Legal Profession
Module One – Assignment One
1. What are the five categories of the adoption rate of the Internet by the legal profession and the years the domain name was registered.
A. The Visionaries (prior to 1993)
B. Early Adopter (1993-1994)
C. The Middlers (1995)
D. Late Adopters (1996-1997)
E. Luddites ( all others 1998-)
2. Who said “If Al Gore invented the Internet, I invented spell check.”? -Dan Quayle
3. What are four reasons to get on the Internet. Give an example of each.
A. Clients and potential clients are there.
B. Colleagues and Competitors are there.
C. Law -related information is available there.
D. Cost effective communication, publishing and marketing.
4. Explain the history of the internet.
Arpanet: military research network established in 1968
Arpanet purpose: connect government computers across country during wartime
Arpanet: sponsored by Advanced Research Projects Agency (ARPA) of the U.S. Department of Defense
J.C.R. Licklider: first head of computer research program at ARPA
5. Explain the difference between subject matter jurisdiction, personal jurisdiction and in rem jurisdiction.
Subject matter jurisdiction: jurisdiction over a particular subject matter (e.g. bankruptcy)
In rem jurisdiction: jurisdiction over a particular thing or property (e.g. probate cases)
Personal jurisdiction: jurisdiction over a particular person
6. According to the holding of the US Supreme Court in International Shoe Co. v. Washington cited in Boschetto v Hansing, what level of contacts are needed to exercise personal jurisdiction over a non-resident defendant?
-Long arm statute allows a state to exercise jurisdiction over out-of-state defendants, provided that the government can prove that the defendant has at least minimum contacts in the forum state.
7. What is the three-prong test used by the U.S. Court of Appeals for the Ninth Circuit (a federal appeals court) in Boschetto v Hansing to determine whether the exercise of specific jurisdiction over a nonresident of defendant is appropriate?
1. "The non-resident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws”
2. “The claim must be one which arises out of or relates to the defendant's forum-related activities”
3. "The exercise of jurisdiction must comport with fair play and substantial justice". The court further observed that the plaintiff had the burden of proving the first two prongs of the foregoing test and only then the defendant was required to come forward and show that the "exercise of jurisdiction would not be reasonable".
8. Do you agree with the holding in Boschetto v Hansing, that the seller was not subject to specific personal jurisdiction? Why or why not.
I agree with the courts in that contract alone does not establish minimum contacts in the plaintiff’s home forum.
9. After reading Case 1.2, do you think a U.S. Court would accept service of process…