Welcome to LearnLawBetter.
Have you read International Shoe Co. v. Washington and are wondering what the case is all about?
In today's episode I will provide you with the relevant facts, the rule you need for
exam purposes, and an exam tip for nailing the analysis section on an essay exam.
Hi, this is Beau Baez, and today I want to talk to you about one of the Supreme Court's
landmark cases, International Shoe Co. v Washington.
International Shoe Company was a shoe company incorporated in Delaware and its principal
place of business in Missouri.
In Washington State, International Shoe hired 13 people to solicit orders for the shoes,
but not to actually sell any shoes in the State of Washington.
Once the orders were taken, the salesmen sent the order forms back to headquarters in Missouri,
where the decision was made on whether or not to sell the shoes.
This method insured that all shoe sales occurred in Missouri, and was a fairly common tax strategy
during that era to avoid a State's sales and income taxes.
But the State of Washington was not trying to enforce one of these taxes, but rather
its unemployment insurance tax as applied to the International Shoe salesmen.
Because International Shoe refused to pay the unemployment insurance tax, Washington
State sued International Shoe in its own State courts to enforce the tax assessment.
Because International Shoe's office was located in Missouri, Washington State sent
notice of the lawsuit to those offices by registered mail.
International Shoe claimed that since they did not have a permanent presence in Washington
State, the notice sent by mail into Missouri violated the Due Process clause of the United
States Constitution.
And finally, this brings us to the primary issue in the case: Does the Due Process clause
allow a State court to exercise in personam jurisdiction over an out-of-state defendant
who does not have a permanent presence in the State.
The Supreme Court explained that historically, in personam jurisdiction required the defendant's
physical presence in the State, citing Pennoyer v. Neff—for more information on that case, watch my
episode called "Sex and the Senator in Pennoyer v. Neff."
Though the Court could easily have found that International Shoe was physically present
in Washington State, the Court chose to articulate the following new rule: To exercise in personam
jurisdiction over an out-of-state defendant, the Due Process clause requires the defendant
to have minimum contacts with the forum State such that the suit does not offend traditional
notions of fair play and substantial justice.
Applied to the facts in this case, the Court noted that 13 salesmen soliciting orders for
a substantial number of shoes meets the minimum contacts test.
On a final exam, what this means is that you will examine every contact that the out-of-state
defendant has with the State where the plaintiff files suit.
Given that companies can do business over the Internet today without ever sending a human
into another State, the minimum contacts test is very important.
Your job on an exam is to persuade the grader that there are, or are not minimum contacts
in that state's courts.
Usually, your professor will give you a set of facts that can go either way, so don't
spend a lot of time looking for the "right" answer.
The only right answer is one that identifies the issue, correctly states the rule of law,
and then provides a well-thought out reason for whatever conclusion you happen to reach.
For help on developing strong analysis, look at my episode called "Three Steps to Better
Analysis."
If you'd like to see more episodes that can help you succeed, hit the subscribe button.
Also, don't forget to check out LearnLawBetter.com where you will find more resources to help
you get ahead, including my blog, newsletter, and exam bank.
Thanks for watching.
For more infomation >> International Shoe Co. v. Washington - Duration: 4:35.-------------------------------------------
Fact Check: Will the wealthy get a tax cut under President Trump's plan? - Duration: 1:42.
Will the wealthy get a tax cut or not?
The wealthy are not getting a tax cut under our plan.
And it's not good for me— believe me.
The thing to remember about
taxes is that the people who pay most of the taxes are the wealthiest Americans.
Here the figures:
The top 10% of taxpayers pay 80% of individual federal taxes.
And the top 20% pay almost 95%.
For many Americans,
particularly the middle-class payroll taxes — taxes you pay for Social Security
or Medicare — are going to be much larger than the individual income taxes you
might pay. But President Trump isn't planning to deal with the payroll taxes
he wants to cut individual taxes.
Now President Trump does say that he would
like to eliminate deductions that mainly benefit the rich.
But a lot of those
deductions such as the mortgage deduction also benefit the middle class.
One other big problem for the president is that he has plans
to eliminate the estate tax.
But the estate tax only effects estates larger
than 11 million dollars.
The best way to cut taxes for middle-class Americans is to
have the kind of targeted tax cuts that many politicians say have already
cluttered up the tax code.
Unless tax cuts are specifically
targeted to the middle-class — which is hard to do — the rich will end up getting
the biggest share of virtually any kind of tax cut.
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North Korea warns US 'your actions will lead Washington to FINAL RUIN' - Duration: 2:57.
North Korea warns US 'your actions will lead Washington to FINAL RUIN'
The tubby maniac unleashed the tirade of words as the US President continues wind up against the secretive state. Kim's mouthpiece KCNA said: "The US 'military counteraction' to North Korea will lead Washington to the final ruin.
"The US has zealously persisted in sanctions and military pressure on us despite strong protest and denunciation of the public at home and abroad. FINAL RUIN: Kim has threatened to destroy the US.
DO OR DIE: North Koreans have pledged their lives to tubster Kim.
This is as foolish an act as trying to break the faith and good will of its army and people through intensified military threats and pressure on North Korea and then provoke a nuclear war against it.
" It continued: "The US is far across the Pacific but it is by no means a safe place and any military option against North Korea will bring the final ruin to the US.
" Donald recently provoked Kim, calling him "Little Rocket Man", and said he would destroy the Hermit Kingdom if provoked.
FIRE AND FURY: The Donald is keeping all options on the table.
NUCLEAR OPTION: Kim Jong-un inspected a hydrogen bomb. His threat comes as both nations brace for war and stockpile deadly bombs.
It emerged that about 4.7 million young North Koreans are ready to sign up as volunteers join the nations army since tensions erupted on the peninsula – Kim has claimed.
If all the signatories don the North's military uniform, it would have the largest army in the world, dwarfing Donald's by about 3m. But Kim's sworn enemy, South Korea, could stop the tubster in his tracks by dropping special forces across the border.
The South confirmed it has tested a counter-missile system that would allow military aircraft to drop highly-trained troops into the communist state.
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Majority of Washington residents targets of scam attacks - Duration: 3:00.
For more infomation >> Majority of Washington residents targets of scam attacks - Duration: 3:00. -------------------------------------------
Premier Wynne Visits Washington, D.C. Ahead of NAFTA Negotiations - Duration: 0:48.
[Music]
PREMIER WYNNE >> I've been spending a lot of time focused on NAFTA, and making the case
for free trade to our U.S. partners.
The benefits of free trade between Canada and the U.S. are real, and the benefits are
shared.
Since January, I've met with or had phone calls with over 25 governors, some of whom
I've spoken with many times.
I want to talk about our common objectives of growth, of fairness, and good jobs in a
competitive economy.
That is what we're all looking for.
Free trade is essential to the success of your businesses, your workers, and our collective
competitiveness as a continent.
There is just no question that free trade has been a net good for our people.
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USC vs. Washington State Live Stream: How to Watch Without Cable | SML News - Duration: 8:49.
USC vs. Washington State Live Stream: How to Watch Without Cable
The best college football game of the week may not even happen on Saturday, as No.
5 USC travels to Pullman to take on No.
16 Washington State in a crucial early Pac-12 matchup on Friday night.
The game is scheduled to start at 10:30 p.m.
ET and will be broadcast on ESPN, which means one thing: Pac-12 After Dark.
If you don't have cable or can't get to a TV, you can watch a live stream of the game via one of the following over-the-top streaming services:.
DirecTV Now: "Live a Little" package.
Sling TV: "Sling Orange" package.
PlayStation Vue: "Access" package.
Every one of these options includes a free trial, so you can watch the game at no cost.
You can sign up via the above links, or you can read on for a more thorough breakdown of each service and how to start watching immediately:.
DirecTV Now.
ESPN and ESPN 2 are both included in DirecTV Now's "Live a Little" bundle at $35 per month.
Here's a rundown:.
Total Channels Included: 60-plus, depending on local channels available.
You can find the complete channel list right here.
Price: $35 per month.
Extras: Watch on two different devices at the same time; DVR is in Beta stage; can sign in to WatchESPN app with DirecTV Now credentials.
Free Trial: 7 days.
How to Sign Up & Watch:.
1. Click here to go to the DirecTV Now website.
Click on "Start your free trial now" and then create an account.
Select the channel package you want and enter your payment information.
If you cancel your subscription within seven days of signing up, you will not be charged.
Return to the DirecTV Now website to start watching ESPN on your desktop.
You can also watch on your phone, tablet or streaming device via the DirecTV Now app, which is free to download.
A complete list of compatible devices can be found here.
Sling TV.
ESPN and ESPN 2 are both included in Sling TV's "Sling Orange" bundle at $20 per month.
Here's a rundown:.
Total Channels Included: 25-plus, depending on local channels available.
You can find the complete channel list right here.
Price: $20 per month.
Extras: Watch on one different device at once; 50 hours of cloud DVR is $5 per month extra; Can sign in to WatchESPN app with Sling credentials.
Free Trial: 7 days.
How to Sign Up & Watch:.
1. Click here to go to the Sling TV website.
Click on "Watch Now 7 Days Free" and then create an account.
Select the channel package you want and enter your payment information.
If you cancel your subscription within seven days of signing up, you will not be charged.
Go to the Sling TV website and navigate to ESPN to start watching.
You can also watch on your phone, tablet or streaming device via the Sling TV app, which is free to download.
A full list of compatible devices can be found here.
PlayStation Vue.
ESPN and ESPN 2 are both included in PlayStation Vue's "Access" bundle at $39.99.
Here's a rundown:.
Total Channels Included: 40-plus, depending on local channels available.
You can find the complete channel list here.
Price: $39. 99 per month.
Extras: Watch on five different devices at once; cloud DVR (restrictions with certain channels); Can sign in to WatchESPN app with PS Vue credentials.
Free Trial: 5 days.
How to Sign Up & Watch:.
1. Click here to go to the PlayStation Vue website.
Click on "Start Free Trial" and then create an account.
Select the channel package you want and enter your payment information.
If you cancel your subscription within seven days of signing up, you will not be charged.
Return to the PlayStation Vue website to start watching ESPN on your desktop.
You can also watch on your phone, tablet or streaming device via the PlayStation Vue app, which is free to download.
A complete list of compatible devices can be found here.
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