Chapter 3- Civil Dispute Resolution Flashcards
0
Q
Concurrent Jurisdiction
A
A Case that can go to either federal or state court
2 Types:
federal question
diversity
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.
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.
3
Q
Diverstiy
A
(plaintiff and defendant ARE NOT part of the same state.)
4
Q
State Jurisdiction
A
Two Types
- Court MUST have BOTH
- Subject matter
- In Personam
5
Q
Subject Matter Jurisdiction:
A
Federal or state court
- Federal courts have limited subject matter jurisdiction
- State courts have jurisdictions over all matters
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