Law weeks 3 and 4 Flashcards
jurisdiction
territory within which a court or government agency may properly exercise its power
subject matter jurisdiction
The power of a court to adjudicate a particular type of matter and provide the remedy demanded
Personal jurisdiction
A courts authority to adjudicate the rights and liability of the defendant
4 ways of Personal Jurisdiction
Residence, Business (Minimum Contacts), Occurence, Own Property
?
Courts must have both SMJ and PJ over both parties
Hierarchy of the Courts
Limited J cts, General J cts, Criminal and civil cts, court of appeals, SCOTUS
What cases will SCOTUS take?
HIGHEST COURT CASES ONLY
Whats NY highest court?
Court of Appeals
Whats NJ highest court?
The NJ Supreme Court
Highest court in the US?
Supreme Court (SCOTUS)
Nutriblab v FDA?
Product Liability- Court received Subject matter Jurisdiction because product was classified as drug- Federal Issue
Jones v National Enquirer?
False Press- should case be argued in Cali or FL, Personal Jurisdiction- Minimum contacts, Opinion: case was argued in CA
Requirements for a valid case?
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
π
plaintiff (initiates the case)
Δ
Defendant