Choosing a court

Question 1

What do you need to be aware of when you want to bring a lawsuit?

Answer 1

1. Subject matter jurisdiction
2. Personal jurisdiction
3. Venue (mødested)

Question 2

What does “subject matter jurisdiction” cover?

Answer 2

It is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
- Should the case be brought to a state court or a federal court?

Question 3

Which cases can be brought in state court?

Answer 3

Any case can be brought in state courts unless there is a specific federal law requiring that case to be brought in federal courts.

Question 4

What is “diversity jurisdiction”?

Answer 4

Under diversity jurisdiction, a case can be brought in federal court if (a) the parties are citizens of different states, or of a state and a foreign country; and (b) the amount in controversy is $75,000 or more, an amount that can be (and in the past has been) adjusted by Congress.

Question 5

Personal jurisdiction

Answer 5

When the question of subject matter jurisdiction is resolved, the question then arises as to which federal or state court should entertain the case.
- The question is which court or courts have personal jurisdiction over the defendant

Question 6

Can personal jurisdiction be waived by a defendant?

Answer 6

Yes, if defendant does not object to personal jurisdiction in his first appearance.

Question 7

Is the question of personal jurisdiction a two-part inquiry?

Answer 7

Yes.

1. First, the court needs to look at the long-arm statute of the state in which it sits. If the long-arm statute gives rise to personal jurisdiction over the defendant, then
2. the court needs to consider whether compelling the presence of the defendant in that court would violate due process concerns.

Question 8

A long-arm statute

Answer 8

A long-arm statute is a statute that allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.

Question 9

Specific personal jurisdiction

Answer 9

Specific jurisdiction allows lawsuits to proceed against an out-of-state defendant arising out of his activities within the forum. Such activities can include tortious acts or business activities taken within the state.

Question 10

General jurisdiction

Answer 10

General jurisdiction allows a court to compel the presence of a defendant for any claims against it when the defendant’s affiliations or business activities within the state are “continuous and systematic.”

Question 11

Venue

Answer 11

There may be several courts in which both subject matter jurisdiction and personal jurisdiction are appropriate. Venue is sometimes prescribed by statute for particular types of cases. For example, venue in cases involving real estate is generally where the property is located. In other cases, venue may be proper where the cause of action arose

Question 12

What is the meaning of preemption?

Answer 12

Federal preemption is the invalidation of a U.S. state law that conflicts with federal law