Chapter 2 Flashcards
what is chapter two about
courts and alternative dispute resolution
what does the body of American law consist of
federal and state constitutions, statues passed by legislative bodies, administrative law, and case decisions and legal principles that form the common law
judicial review
determine whether the laws or actions of the other two branches are constitutional
requirements before a lawsuit can be brought before a court
jurisdiction, venue, and standing to sue
jurisdiction
the power to speak the law
in persomanm jurisdiction
over any person or business that resides in certain geographical location
in rem jurisdiction
over the thing; property that is located within the boundaries
long arm statute
court can exercise personal jurisdiction over certain out of state defendant based on activities that took place within the state
what are minimum contacts
sufficient enough contacts
jurisdiction over subject matter
the limitations on the types of cases a court can hear; certain courts are empowered to hear certain kinds of disputes
general jurisdiction
decide cases involving a broad array of issues
what decides courts subject matter jurisdiction
subject of the lawsuit, sum in controversy, whether the case involves a felony or a misdemeanor, whether the proceeding is a trial or an appeal
federal court jurisdiction
when a federal question is involved, when there is a diversity of citizenship
federal question
whenever a plaintiffs cause of action is based on the U.S. constitution, treaty, or federal law
diversity of citizenship
plaintiff and defendant must be residents of different states/
the dollar amount in controversy must exceed 75,000
