Chapter 4 Flashcards
Before a lawsuit can be brought before a court, the following must be met
Jurisdiction
Venue
Standing to sue
Jurisdiction
The authority of a court to hear a case and decide a specific action.
Before a court can hear a case, it must have jurisdiction over
- The defendant or the property involved.
- The subject matter of the dispute.
Personal Jurisdiction
Court jurisdiction over the person involved in a legal action.
Rem Jurisdiction
Court jurisdiction over a defendant’s party.
Long arm statute
Permits a state to obtain personal jurisdiction over nonresident defendants.
Federal courts have subject-matter jurisdiction in two situations
- Federal question
- Diversity of Citizenship
Federal question
A question that pertains to the US Constitution, acts of congress, or treaties.
Diversity of Citizenship
Basis for federal court jurisdiction.
Venue
Place in which an action is tried, and the jury is selected.
Supreme of the US
- US Courts of Appeal
- Federal Administrative Agencies
- US District Courts
- Specialized US Courts
Supreme of the US
- Highest State Courts
- State Courts of Appeals
- State Trial Courts of General Jurisdiction
- Local Trial Courts of Limited Jurisdiction
Litigation
The process of resolving a dispute through the court system.
Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process.
Mediation
Method of settling disputes outside of court.