Law weeks 3 and 4 Flashcards

1
Q

jurisdiction

A

territory within which a court or government agency may properly exercise its power

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2
Q

subject matter jurisdiction

A

The power of a court to adjudicate a particular type of matter and provide the remedy demanded

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3
Q

Personal jurisdiction

A

A courts authority to adjudicate the rights and liability of the defendant

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3
Q

4 ways of Personal Jurisdiction

A

Residence, Business (Minimum Contacts), Occurence, Own Property

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4
Q

?

A

Courts must have both SMJ and PJ over both parties

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5
Q

Hierarchy of the Courts

A

Limited J cts, General J cts, Criminal and civil cts, court of appeals, SCOTUS

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6
Q

What cases will SCOTUS take?

A

HIGHEST COURT CASES ONLY

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7
Q

Whats NY highest court?

A

Court of Appeals

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8
Q

Whats NJ highest court?

A

The NJ Supreme Court

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9
Q

Highest court in the US?

A

Supreme Court (SCOTUS)

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10
Q

Nutriblab v FDA?

A

Product Liability- Court received Subject matter Jurisdiction because product was classified as drug- Federal Issue

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11
Q

Jones v National Enquirer?

A

False Press- should case be argued in Cali or FL, Personal Jurisdiction- Minimum contacts, Opinion: case was argued in CA

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12
Q

Requirements for a valid case?

A

Standing- significant connection to case
Venue- location where trial is held
Valid Controversy- Importance of case
statute of limitations
Damage- Must have actual loss/ injury, injustice

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13
Q

π

A

plaintiff (initiates the case)

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14
Q

Δ

A

Defendant

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15
Q

Steps for filing a case in court

A
  1. Plaintiff files complaint
  2. Ct issues a summons
  3. Defendant must appear in court
16
Q

When someone is being served..

A

The party/business must be properly served or it does not count