Power tools Plus sells handyman power tools out of its store in Iowa. It does no

Question

Power tools Plus sells handyman power tools out of its store in Iowa. It does not advertise outside of Iowa and does not have a website. A South Dakota resident sees the store while driving through Iowa. He buys a powerdrill. A few weeks later the drill malfunctions and burns the customer. He decides to bring a law suit to power tools plus in his home county ( Hughes County, South Dakota) Power tools plus objects to juristiction on the grounds it does not have miminium contacts with the state of Dakota. Determine wheteher the Hughes County South Dakata court has juristiction oer Power tools plus. Incorporate all aspects of juristiction as the relevant to determine use

Explanation / Answer

Answer ;-

The judicial system of South Dakota has two levels. The circuit courts are the lower courts through which criminal prosecutions and most civil lawsuits are processed. The South Dakota Supreme Court is the state’s highest court and the court of last resort for parties who seek to change adverse decisions of the circuit court. The Supreme Court is the final judicial authority on all matters involving the legal and judicial system of South Dakota. When an individual involved in a legal action is convinced that the judge in the circuit court has made an error in deciding the law of the case, that party may bring the case to the Supreme Court for a remedy. This is called an “appeal” and the court hearing the appeal is called the “appellate” court. The party bringing the appeal is an “appellant” and the other party - usually the party who was successful in the lower court - is the “appellee.” Most of the work of the Supreme Court involves its appellate jurisdiction. In an appellate action, the Court may decide to hear “oral arguments” in the case, in which both parties are permitted to come before the Court and give a short presentation (an argument) to support their position in the case. There is no trial, the lawyers do not confront each other, and the Court does not take testimony from witnesses. Usually, the attorneys for the parties involved stand before the Court and speak for twenty minutes to emphasize or clarify the main points of the appeal. The members of the Court may ask questions or make comments during the lawyer’s presentation. After hearing the oral arguments, the Court 10 discusses the case and one justice is assigned to write the opinion in the case.

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