Chapter 2

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134452
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Chapter 2
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2012-02-11 16:55:54
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  1. State court have what type of jurisdictions
    • limited jurisdiction
    • general jurisdiction trial courts
    • intermediate appellate courts
    • supreme court
  2. Limited jurisdiction
    a court that hears matter of a specialized or limited nature

    ex: traffic courts, juvenile courts, misdemeanor criminal law cases, smal claims courts

    also called interior courts
  3. General -jurisdiction trial courts
    • court hears cases of a general nature that are not within the limited jurisdiction
    • ex: civil cases, felonies cases over a certain dollar amount
  4. Intermediate appellate court
    • court that hears appeals from trial courts no new evidence/witnesses are allowed
    • only done if there were errors in the trial or a modification or reversal is needed
  5. State Supreme court
    highest court, hears appeals from intermediate appellate state courts, no new evidence or testimony is heard
  6. Federal court system
    • Special Federal Courts
    • U.S. District Courts
    • U.S. Courts of Appeals
    • U.S. Supreme court
  7. U.S. District Courts
    federal courts that rial general jurisdiction matters. there is at least one federal district court in every state ( sometime multiple in large populated states) The geographic are served by the court is called a district.
  8. Special Federal Courts
    established by congress they have limited jurisdiction includind the following types of courts:

    • U.S. Tax Court
    • U.S. Court of International Trade
    • U.S. Bankruptcy Court
    • U.S. Court of Appeals for Armed Services
  9. U.S. Courts of Appeals
    federal court systems intermediate appellate courts. There are 13 circuits in the fed court system were appeals can be heard in each circuit. Hears appeals from U.S. District Courts of Special Fed Courts

    No new testimony or evidence is heard
  10. US State Supreme court
    the highest court in the US located in DC. 8 judges one chief judge and 7 associate justices. Hears appeals from federal circuit courts of appeals. No new eveidence/ testimony is allowed
  11. Federal question
    fed jurisdiction: cases arising under the U.S. Constitution, treaties and federal statues and regulations. There is no dollar amount limit in federal question cases.
  12. Jurisdiction of Federal Courts
    • Can be: Federal Question Diversity of Citizenship
    • (Exclusive Jurisdiction)
    • 1. Admiralty
    • 2. Antitrust
    • 3. Bankruptcy
    • 4. Copyright and trademarks
    • 5. Federal crimes
    • 6. Patents
    • 7. Suits against the United States
    • 8. Other specified federal statutes
  13. Diversity of citizenship
    cases btwn citizens of diff states or btwn citizen of a state and citizen of a foreign country. The controversy must exceed $ 75,000 for federal court to hear
  14. Jurisdiction of State Courts
    • jurisdiction where federal courts do not have jurisdiction to hear.
    • ex: real estate, corporation, partnerships, limited liability, contracts sales and lease contracts.
  15. Concurrent jurisdiction
    jurisdiction shared by two or more courts which are federal questions and diversity of citizenships

    ex: If a case involving concurrent jurisdiction is brought by a plaintiff in federal court, the case remains in federal court. If the plaintiff brings a case involving concurrent jurisdiction in state court, the defendant can either let the case be decided by the state court or remove the case to federal court.
  16. Standing Sue
    to bring a lawsuit the plaintiff must have some stake in the outcome

    Example Linda’s friend Jon is injured in an accident caused by Emily. Jon refuses to sue. Linda cannot sue Emily on Jon’s behalf because she does not have an interest in the result of the case.
  17. In Personam Jurisdiction
    domicile- depends on where pay taxes registered to vote has to meet domicile criteria
  18. Service Process
    A summons being served on the defendant to obtain personal jurisdiction over him or her.
  19. Types of Jurisdictions for state / federal courts (how to get people in jail for that)
    • Subject matter jurisdiction
    • In personam jurisdiction
    • In rem Jurisidiction
    • Quasi in rem jurisdiction
    • Long arm
  20. In rem jurisdiction
    a court has the jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit

    The lawsuit is about the property itself
  21. Quasi in rem jurisdiction
    dispute about something else but have property in that state
  22. Subject Matter jurisdiction
    has to be able to hear subject matter of case (right courts for right subject matter)
  23. Long arm Statute
    minimum contact rule (enough contact with stat to be sued in state) ex: 15% of revenue, which is the minimum contact comes form the state can be tried in case.
  24. 2 types of jurisdiction
    • Appellate Jurisdiction
    • Original Jurisdiction
  25. Jurisdiction
    the power of a court to hear a case
  26. Orignial Jurisdiction
    includes courts like cal supreme court, us district court
  27. Appellate Jurisdiction
    supreme court, court of appeals, us supreme court and circuit courts
  28. fed can not interpret state courts and state can not interpret federal law
    true
  29. Sources of American Law
    • Constitution
    • Case Law (case precedence)
    • Legislative law (congress) senate and house
    • Administrative law (agencies like fda)
  30. Venue
    lawsuits to be heard by the court with jurisdiction location in which incident occured or where parties reside
  31. Venues can be changed through
    • convenience- change venue incovience for location
    • bias or unfair- prejudegment (oscar grant)
  32. Can you move the venue to another circuit?
    No.

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