Question: please help and could yoy do the IRAC method, Issue,Rule,Applications, Conclusion. thank you! Horace Hacker, is a resident of White Plains, New York, and works
please help and could yoy do the IRAC method, Issue,Rule,Applications, Conclusion. thank you!
Horace Hacker, is a resident of White Plains, New York, and works as an IT professional at Big Bank, N/A, which is headquartered on Greenwich St., New York, New York. He commutes to work every day on the Metro North Rail Line, then from Grand Central via subway By day, Horace is an upstanding member of the community. He works maintaining Big Bank's computers. But by night, Horace takes great delight in using his home computer to hack into public utility company computers and cause power outages. Bwahahahahaha (evil laugh). Delaware Power Company, Inc. (DPC) is a publicly traded Delaware corporation that provides electricity in Delaware. On May 1, 2020, Horace hacked into DPC's computer system. He accessed the DPC computers that control energy flows and overloaded the electrical system, causing damage to transformers located in Delaware. DPC sued Horace in Superior Court, in Delaware (it is the trial level state court in Delaware). DPC alleged one cause of action, trespass to chattels, which is a tort. Assume that the Delaware Long Arm Statute provides: 3104. Personal jurisdiction by acts of nonresidents. (a) The term "person in this section includes any natural person, association, partnership or corporation. (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts. (c) As to a cause of action brought by any person arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident, or a personal representative, who in person or through an agent: Arial BIVA 00 D (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts. (c) As to a cause of action brought by any person arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident, or a personal representative, who in person or through an agent: (1) Transacts any business or performs any character of work or service in the State; (2) Contracts to supply services or things in this State; (3) Causes tortious injury in the State by an act or omission in this state; (4) Causes tortious injury in the State by an act or omission outside the State; or (5) Has an interest in, uses or possesses real property in the State. Horace brings a motion to dismiss DPC's lawsuit, claiming that the Delaware Superior Court: (1) does not have jurisdiction over the subject matter of the lawsuit, and (2) cannot properly exercise personal jurisdiction over him. With regard to personal jurisdiction, Horace argues that he has never been to Delaware, and is not even sure where it is on a map. Question 1. (25 points; estimate 250 words). Does Delaware Superior Court have Jurisdiction over the subject matter of the lawsuit? (5) Has an interest in, uses or possesses real property in the State. Horace brings a motion to dismiss DPC's lawsuit, claiming that the Delaware Superior Court: (1) does not have jurisdiction over the subject matter of the lawsuit, and (2) cannot properly exercise personal jurisdiction over him. With regard to personal jurisdiction, Horace argues that he has never been to Delaware, and is not even sure where it is on a map. Question 1. (25 points; estimate 250 words). Does Delaware Superior Court have jurisdiction over the subject matter of the lawsuit? Question 2. (75 points; estimate 600 words). Can Delaware Superior Court properly exercise jurisdiction over the person of Horace? Hint: remember to discuss both steps in the personal jurisdiction analysis. Reference WWWW v. Woodson where appropriate. Horace Hacker, is a resident of White Plains, New York, and works as an IT professional at Big Bank, N/A, which is headquartered on Greenwich St., New York, New York. He commutes to work every day on the Metro North Rail Line, then from Grand Central via subway By day, Horace is an upstanding member of the community. He works maintaining Big Bank's computers. But by night, Horace takes great delight in using his home computer to hack into public utility company computers and cause power outages. Bwahahahahaha (evil laugh). Delaware Power Company, Inc. (DPC) is a publicly traded Delaware corporation that provides electricity in Delaware. On May 1, 2020, Horace hacked into DPC's computer system. He accessed the DPC computers that control energy flows and overloaded the electrical system, causing damage to transformers located in Delaware. DPC sued Horace in Superior Court, in Delaware (it is the trial level state court in Delaware). DPC alleged one cause of action, trespass to chattels, which is a tort. Assume that the Delaware Long Arm Statute provides: 3104. Personal jurisdiction by acts of nonresidents. (a) The term "person in this section includes any natural person, association, partnership or corporation. (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts. (c) As to a cause of action brought by any person arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident, or a personal representative, who in person or through an agent: Arial BIVA 00 D (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts. (c) As to a cause of action brought by any person arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident, or a personal representative, who in person or through an agent: (1) Transacts any business or performs any character of work or service in the State; (2) Contracts to supply services or things in this State; (3) Causes tortious injury in the State by an act or omission in this state; (4) Causes tortious injury in the State by an act or omission outside the State; or (5) Has an interest in, uses or possesses real property in the State. Horace brings a motion to dismiss DPC's lawsuit, claiming that the Delaware Superior Court: (1) does not have jurisdiction over the subject matter of the lawsuit, and (2) cannot properly exercise personal jurisdiction over him. With regard to personal jurisdiction, Horace argues that he has never been to Delaware, and is not even sure where it is on a map. Question 1. (25 points; estimate 250 words). Does Delaware Superior Court have Jurisdiction over the subject matter of the lawsuit? (5) Has an interest in, uses or possesses real property in the State. Horace brings a motion to dismiss DPC's lawsuit, claiming that the Delaware Superior Court: (1) does not have jurisdiction over the subject matter of the lawsuit, and (2) cannot properly exercise personal jurisdiction over him. With regard to personal jurisdiction, Horace argues that he has never been to Delaware, and is not even sure where it is on a map. Question 1. (25 points; estimate 250 words). Does Delaware Superior Court have jurisdiction over the subject matter of the lawsuit? Question 2. (75 points; estimate 600 words). Can Delaware Superior Court properly exercise jurisdiction over the person of Horace? Hint: remember to discuss both steps in the personal jurisdiction analysis. Reference WWWW v. Woodson where appropriate


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