Chapter 2 Flashcards
Jurisdiction over any person or business that resides in a certain geographic area
In personam jurisdiction
Jurisdiction over property that is located within the courts boundaries
In rem jurisdiction
Jurisdiction that a court can exercise with certain out of state defendants based on activities that took place within the state
Long arm statute
Under the authority of a state long arm statute, it must be demonstrated that the defendant had….
Sufficient, or minimum contacts within the state
In a corporate situation, sufficient contacts is usually met is the corp. …
Sells its goods there, advertises there, or places it’s goods into the “stream of commerce” with the intent that the goods be sold in that state
—————- refers to the limitations on the types of cases a court can hear. Certain courts are are empowered to hear certain types of disputes
Jurisdiction over subject matter
A court of —————- can decide cases involving a broad array of issues
General jurisdiction
A state trial court is an example of a court of —— jurisdiction
General
——-are courts of limited jurisdiction that handle only the disposition of a persons assets and obligations after that persons death, including issues of guardianship and custody of children
Probate court
A courts subject- matter jurisdiction can be limited by any of the fallowing
- Subject of the lawsuit
- The sum in controversy
- Wether the case involves a felony or misdemeanor
- Wether the proceeding is a trial or an appeal
The distinction between courts of —– and —— jurisdiction normally lies in wether the case is being heard for the first time
Original jurisdiction and appellate jurisdiction
The courts having original jurisdiction are the courts of first instance or —–
Trial courts
Two situations in which federal courts have jurisdiction
When a federal question is involved
Where there is diversity of citizenship
” the judicial power shall extend to all cars in law and equity arising under this constitution, the laws of the United States, and their teaties, or which shall be made under their authority”
This explains ———-
Federal questions
When a plaintiffs cause of action is based, at least in part, on the U.S constitution, a treaty , or a federal law, a ———- arises
Federal question
The most common type of diversity jurisdiction required both of the fallowing
The plaintiff and defendant must be residents of different states.
The dollar amount in controversy must exceed 75000
A federal court will apply —- law in a cases involving federal question
Federal
A federal court will apply —– law in a case involving diversity of citizenship
State law ( which is often the law of the state in which the court sits)
“The power to speak the law”
Jurisdiction
When cases can be tried only in federal courts or only in state courts ——–/- exists
Exclusive jurisdiction
Federal Courts have exclusive jurisdiction in the fallowing types of cases
Federal crimes Bankruptcy Patent and copyright claims Any lawsuit against the U.S. Some areas of admiralty law ( laws governing seaborne transport and ocean waters)
When both federal and state courts have the power to hear a case as is true in cases involving diversity of citizenship —– exists
Concurrent jurisdiction
When concurrent jurisdiction exists, a party may choose to bring a suit….
In either federal or state court. Many factors may influence a party to litigate in a federal vs a state court
Venue is a criminal case is normally where
The crime occurred
Venue in a civil case is normally where
The defendant resides
