Jurisdiction Scenarios

Question 1

Format:

Answer 1

1) What state do you sue?:
conclusion, rule, application

2) do you sue in federal or state court?:
conclusion, rule, application

3) what particular federal or state court did you sue?:
venue

Question 2

jurisdiction

Answer 2

power of court to hear dispute and render a verdict that is legally binding on the parties to the dispute

Question 3

jurisdiction can be

Answer 3

personal - court must have jurisdiction over defendant

in rem - jurisdiction over the property

Question 4

rule of law

Answer 4

legal standard/words to particular facts of the question

Question 5

where does a plaintiff want to file lawsuit

Answer 5

in home state
why - closer to plaintiff, expert, and witnesses, do not want to travel to find attorney

Question 6

is it fair to force CA defendant to defend an action in TN from plaintiff?

Answer 6

must check minimum contacts

Question 7

minimum contacts (will relate to rule of law for number one)

Answer 7

does the defendant do business/advertise in TN?

if clients making money in TN yes; but if not contacts within TN and business only in CA not fair for them to come to TN

Question 8

example of step one: what state do you sue in? (minimum contact rule)

Answer 8

Stanley, the plaintiff, would file a lawsuit in TN (conclusion) due to the defendant having minimum contacts (rule) because the defendant, Computer r Us, advertises and does business in Tennessee (application)

Question 9

does the minimum contact rule apply to the plaintiff or the defendnat?

Answer 9

DEFENDANT

Question 10

example of step two: do you sue in federal or state court? (diversity jurisdiction rule)

Answer 10

Stanley, the plaintiff, would file in federal court (conclusion) due to diversity jurisdiction (rule) because the defendant, Computer R Us, is located in California and the plaintiff is located in Tennessee

Question 11

diversity jurisdiction

Answer 11

based on citizenship

if parties from different states –> federal court issue

US gives federal courts power to hear diversity cases (state court may be biased toward part from one state)

Question 12

when would you sue in state court

Answer 12

if both parties are from the same state

Question 13

NOTE difference between civil and criminal

Answer 13

diversity jurisdiction is applied to civil cases

interstate commerce is applied to CRIMINAL cases

Question 14

example of step three: what particular federal or state court did you sue?:

Answer 14

Venue:

Federal: United States District Court of Teneessee (trial)

States: Rutherford County Chancery Court (trial)

Question 15

if jurisdiction rem

Answer 15

over property

only part that would change would be question one because you sue where the property is (plaintiff must file where property is)