Chapter 1

• 1.) Subject matter Jurisdiction
• 2.) Personal Jurisdiction (Domicile)
• 3.) In Rem
• 4.) Quasi In rem
• 5.) Long arm Statute

Subject matter jurisdiction- if they can't hear subject matter can't hear case. (there are delegated courts for different subject matters ie bankruptcy courts)

one of the 5 state jurisdictions is dependent on domicle of the individuals involved. They must meet domicile to qualify for personal jurisdiction.

Domicile is when you pay the majority of taxes in that state or are registered to vote (invest most of your domestic life their)

Residency is when you are a resident of a state. Can be a resident if you own a home in the state changes for many states

You can be a resident of many states but only a domicile of one.

In rem is a state jurisdiction that involves a dispute about the actual property itself.

Quasi In Rem is a disute about something else, but property you own is in that state.

It is apart of the state jurisdiction where if parties involved have a contact that goes on or above of the states cap that inviduals can go to court in that state. Ex; if 15% of compaines revenues equates minimum contact in CA than company involved must hold court there

• 1.) Federal Question
• 2.) Diversity of citizenship

Is a Federal Jurisdiction where a party violates federal law. Ex: Damaging federal property

• It is a Federal Jurisdiction if the parties involved are all from completely different state (no doubling up of one state) than case can be moved from a federal court
• *lawsuit must be $75,000 or more

Criminal and Civil

• a crime against the state itself
• ex: Prosecutor against defendant
• state vs individual
• *in criminal system they are suing for a fine prison or death penalty

• a vuvuk wrong doing
• ex: plantiff vs defendant
• Invidual vs Individual
• *suing for money or equity
• *individuals can include company, corporation or partnership

Location of trying a case in the State or Federal stystem

• 1.) Convenience
• 2.) Bias or unfair prejudgement on paries involved in case

Change venue because is is an incovient location for both a party

change because jury might be bias because crime happened in the county case is being tried (Oscar Grant)

No

Designated areas that federal courts separted to hear case (multiple states can be in one circut)

Into circuits there are 13 circuits that have many divisions with in them

the 9th circuit

independent of each other. If a circuit rules something no district within that circuit can over rule that.

The U.S Supreme court creates a uniform law to stop the disagreement and finds a ruling that every circuit can follow.

Yes they can, but the evidence is suggestive and the judge does not have to use it because the case is not a precedent case (a case used to determine the outcome of cases after that) because they are different circuits.

United States Citizenship and Immigration Services apart of the U.S. Dpartment of Homeland Security

Can be state statues or federal statutes (foreign and interstate commerece) enacted by the legislative branch of fed and state governments establishing a course of conduct that must be adhered to by covered parties

Law enacted by local governement bodies like cites municipalities counties school disticts and water districts

an order issued by a member of the executive branch of the government

Executive Order

administrative agencies

a rule in a court decision lower courts must follow the precednet establihsed by higher courts

U.S. Supreme Court decisions

No, but they may ook to each other for guidance.

a body of rules of action or conduct made by controlling authority, that has a binding legal force. That must be obeyed and followed by citizens or else subject to sanctions or legal consequences is a law.

function of law: Laws that make certain activities crimes.

function of law: Laws that discoruage drug and alcohol abuse

function of law: laws that prohibit discrimination in employment

fucntion of law: prevents the forcefull overthrow of the government

fucntion of law:laws enacted only after considerable study debate and public input

function of law: well designed commercial laws that allow business to plan their activitties allocate thei producive resources and asses the risks they take.

function of law: allowing the settlement of cases prior to trial approximately 90 % of lawsuits are settled in this manner

function of law: the rights of freedom of speech, religion, and association granted by the frirst amendment o tthe U.S. Constitution

English Common LAw

• Constitution
• Treaties
• Codified Law: Statutes and ordinances

is the supreme law of the land any law— whether federal, state, or local— that conflicts with the U. S. Constitution is unconstitutional and, therefore, unenforceable U. S.

• Constitution established the structure of the federal government. It created the following three branches of government and gave them the following powers:
• legislative
• executive
• judical branch

(congress) has the power to make (enact) the law

(president) has the power to enfoirce the law

(courts) has the power to interpret and determine the validity of the law

a compact made btwn tow or more nations