Copyright © 2010 - Jeffrey Pittman Jurisdiction
Dec 16, 2015
Jurisdiction
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Jurisdiction refers to a court’s power to hear and decide a case – the power to “speak” the law
Trial courts have original jurisdiction, that is, trial courts provide a location for lawsuits to begin
Trial Courts
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To begin a lawsuit, a trial court must have subject matter jurisdiction, that is, jurisdiction based on the nature and subject of the lawsuit and on the amount in dispute
Trial Courts
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The trial court usually must also have in personam jurisdiction—jurisdiction over the defendant (personal jurisdiction)
Some cases require in rem jurisdiction over properties located within the court’s territory, instead of in personam jurisdiction
Personal Jurisdiction
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Under United States law, a state court acquires personal jurisdiction over a defendant through, among others, the following methods:
Legal service to a defendant while the defendant is in the forum stateFor businesses, a company is legally
present in every state where the company engages in substantial, systematic and continuous activity in the forum state (“general jurisdiction”)
Personal Jurisdiction (cont.)
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Legal service to a defendant located anywhere, where the defendant is a resident of the forum state For corporations, service is allowed, at a minimum, in the state of incorporation
Use of the forum state “long-arm statute”
Long-arm Statutes
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To comply with the due process clause of the Fourteenth Amendment, long-arm statutes may force an out-of-state defendant into a forum state only where The defendant has sufficient minimum
contacts with the forum state, andThe cause of action arises out of the
contacts, andJurisdiction will not offend traditional
notions of fair play and substantial justice
Bases for Court Jurisdiction
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See Exhibit 2.5, page 56 in the textbook
Minimum Contacts
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Specific jurisdiction – Purposeful AvailmentDid defendant, through contacts in the forum state, purposely avail itself of benefits from the forum state, and
Does the litigation arise out of these contacts
Alternately, did the defendant purposely aim the effects of its behavior at the forum state
Minimum Contacts
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For purposeful availment and the Internet, see Exhibit 2.6, page 58 in the textbook
Subject Matter Jurisdiction
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State Trial Courts
Empowered to hear all disputes except exclusive federal questions
Federal Trial Courts
(District Courts)Empowered to
hear only:Federal question
lawsuits, orDiversity of
citizenship lawsuits
Federal Court System
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Supreme Courtof the United States
United States Court of Appeals
(12 regional circuits)
United States Court of AppealsFederal Circuit
District Courts(96 Districts)
Bankruptcy Court Tax Court
Appeals from highest state courts
The Appellate Process
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Appellate courts do not “try” cases but generally review only law and procedure - not fact decisions from the trial court
The losing party at trial is guaranteed one appeal; after the first appeal, further review is a matter of court discretion