Chapter 4 Flashcards
Body of American Law
includes the federal and state constitutions, statutes passed by legislative bodies, administrative law, and the case decisions and legal principles that form the common law.
Essential Role of Judiciary Courts
to interpret the laws and apply them to specific situations.
Judicial Review
process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.
Jurisdiction
authority of a court to hear a case and decide specific action.
In Personam Jurisdiction
personal jurisdiction over person or business in a certain geographic area.
In Rem Jurisdiction
jurisdiction over the thing
State’s Supreme Court
has jurisdictional authority all residents of the state
Long Arm Statute
court can exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state.
Must be determined that defendant had sufficient contacts (minimum contacts) with the state.
Corporate Contacts
corporation is subject to personal jurisdiction in a state which it is incorporated, principal office in, and/or is doing business in.
Jurisdiction Over Subject Matter
the requirement that a given court have power to hear the specific kind of claim that is brought to that court.
General (unlimited) Jurisdiction
state trial court
Limited Jurisdiction
probate courts handle only matters related to transfer of a person’s assets and obligations after one’s death. Custody and guardianship.
Bankruptcy courts only handle bankruptcy cases/proceedings which are governed by Federal Courts
Courts’ Jurisdiction over SMJ can be limited by?
o Subject of the lawsuit
o Sum in controversy
o Whether the case involves a felony or misdemeanor
o Whether the proceeding is a trial or an appeal
Original vs Appellate Jurisdiction
- Difference between two is whether one is heard for the first time.
- District courts (trial) have jurisdiction over new lawsuits, place of trials and presentation of evidence
- Appellate (reviewing) courts- only appeal from an order of judgment of a trial court of other lower courts
Jurisdiction of the Federal Courts
limited unless subject matter concerns the following:
Federal questions- questions that pertains to the US Constitution, acts of Congress, or treaties.
Diversity of Citizenship
Diversity of Citizenship Requirements
Plaintiff and the defendant must be residents of different states
Corporation is citizen of both state in which it is incorporated and state in which its principal place of business is located.
Dollar amount in controversy must exceed $75,000
Concurrent Jurisdiction
exists when two different courts have the power to hear a case. Federal/State. Usually involves federal questions and diversity of citizenship
Exclusive Jurisdiction
exists when a case only can be heard in a type of case, federal or state.
Federal vs Court in Jurisdiction
Federal Court has exclusive jurisdiction over federal crimes, bankruptcy, most patent/copyright claims, suits against the U.S. and some area of admiralty law.
State Court has the jurisdiction over certain subjects such as divorce and adoption.
Jurisdiction in Cyberspace
must have minimum contact with a state
Sliding Scale Standard
determines when they can exercise personal jurisdiction over an out of state defendant based on the defendant’s web activities
Venue
geographical district in which an action is tried and from the jury is selected.
Change of venue- may be given if one party’s rights to a fair trial are impaired.
Standing to Sue
sufficient stake in the matter to justify seeking relief through court system
Requirements for Standing to Sue
Harm
Causation
Remedy
Federal Court System (Basis Model)
US District Courts (trial courts of general juris)
US Court of Appeals
United States Supreme Court
Writ of Certiorari
order issued by the Supreme Court to a lower court requring the latter to send it to the record of case for review
Rule of Four
court will not issue a writ unless at least four of the nine justices approve of it.
Litigation
process of solving a dispute through the court system
Alternative Dispute Resolution (ADR)
the means of settling disputes before the court’s involvement.
Types of ADR
- Negotiation
- Mediation
- Arbitration
- Early Neutral Case Evaluation
- Mini-Trial
*Provided by both government and private organizations
Online Dispute Resolution (ODR)
settlement of disputes via internet. Usually domain names, quality of goods sold on internet and auction sites.
International Dispute Resolution
- Forum Selection and Choice of Law
- Arbitration Clauses
