CH2 Flashcards
Know judicial immunity
An official or a judge performing regulatory duties is absolutely immune from suit damages for judicial acts
Know the holding of Martin v. Smith
Psychiatrist could not be sued cause he had Quasi (Sort of) Judicial Immunity
Know the definition of original jurisdiction
Power of a court to take a lawsuit at its beginning, try it, and pass judgement upon the law and facts
Know the basic system for state court systems
(All states have trials courts, some states have intermediate appellate courts and some do not, all states have a supreme court)
Courts of original jurisdiction means a trial court where disputes are brought and tried
Courts of original jurisdiction means a trial court where disputes are brought and tried
Know what jurisdiction means
The authority to make some decision
The right of a court or other body to hear a case and render a judgment
Know the two types of jurisdiction a court must have to render a judgment over the parties
Subject-matter jurisdiction
Personal Jurisdiction
Know where court’s get their subject matter jurisdiction
Constitution/Legislature
A statute that limits a court to hearing cases above a certain amount in. dispute is an example of subject matter jurisdiction statute
A statute that limits a court to hearing cases above a certain amount in. dispute is an example of subject matter jurisdiction statute
Know what Diversity-of-citizenship jurisdiction is
That comes from subject matter jurisdiction
All the plaintiffs and defendants must be a resident of different states
Know how a state court can assert jurisdiction over an out of state defendant
Minimum contacts
Know the holding from Schoenbeck v. Masterlink
Indiana resident with no minimum contacts with Illinois cannot be sued in Illinois
Know the name of the type of personal jurisdiction that allows courts to resolve disputes over property in their state
In rem
Know what exclusive jurisdiction is
Legislature has only this court has subject matter jurisdiction over this
The power of a court over a particular subject matter as provided by statute to the exclusion of other courts
Know what concurrent jurisdiction
Both state and federal court can hear a case
When two different courts are each empowered to deal with the subject matter at issue in a dispute
Know the Erie rule about what law to apply in diversity cases
Use that states Tort law to determine the case
Know the conflict of law rule for torts
If there is an issue litigating in one state and happening in another you always use the law on the state where the tort took place
The Judiciary
Federal judges
State Court Judges
Judicial Immunity
Subject-Matter Jurisdiction
Authority of the court to hear a certain kind of case from the constitution or the legislature
Personal Jurisdiction
Does the defendant live here?
Do they own the property in the state?
Did the transaction happen in the state?
To bring a lawsuit, you must find a court that has both
Subject-Matter Jurisdiction
Personal Jurisdiction
