Chapter 3- Civil Dispute Resolution Flashcards

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0
Q

Concurrent Jurisdiction

A

A Case that can go to either federal or state court
2 Types:
federal question
diversity

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1
Q

Exclusive Federal Jurisdiction

A
  • Federal courts have EXCLUSIVE jurisdiction over federal criminal prosecution
  • Examples: Copyright, trademark, patent, bankruptcy, federal crimes, antitrust, suits against US, federal statutes.
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2
Q

Federal Question

A

Matter or case that arises under the US constitution, a federal statue, or a treaty. Question as to whether the federal courts have exclusive jurisdiction.

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3
Q

Diverstiy

A

(plaintiff and defendant ARE NOT part of the same state.)

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4
Q

State Jurisdiction

A

Two Types

  • Court MUST have BOTH
  • Subject matter
  • In Personam
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5
Q

Subject Matter Jurisdiction:

A

Federal or state court

  • Federal courts have limited subject matter jurisdiction
  • State courts have jurisdictions over all matters
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6
Q

In Personam Jurisdiction

A
  • Personal
  • the jurisdiction of a court over the parties to a lawsuit, in contrast to its jurisdiction over the property
  • minimum contacts between state of the court and the defendants
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