ARE 18 - ARE 18 If the amount sued for is less than $75000...

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ARE 18 01/14/2016 ° If the amount sued for is less than $75000, there is no federal jurisdiction $75000 amount does not apply to federal question jurisdiction Every state has a federal and state court The procedures and the rules are different from state court to federal court The platives get to choose where they file their law court The defendant has the opportunity to change the jurisdiction to state court or federal court by challenging the jurisdiction It was not uncommon that someone from different stage would get hometown in a different state The state court do not like outer states suing their outer state residence (Often time, the judges will rule against the outer state person) A business reside where they operate You want to sue an insurance company in federal court A business or corporation will exist or be a residence in the state at which they are corporated The supreme court needs to figure out where their ner center at All the above are concurrent and platives jurisdiction Venue Most convenience place to have the trial In criminal cases, the venue lies where the aledge crimes took place We can have venue in any place the incident occurs
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Civil cases Concern is mostly economics The court always have venue in the county which the defendant reside Cases are usually filed where the defendant reside Every county has at least one court house The defendant wants their cases heard in the less populated county Plaintive want their cases heard in more populated county Who can file a law suit against someone else In order to be plaintives, the plaintive must have standings ( Reasons to sue the defendant) (Suffered an injury or damages otherwise they lack standings and the law suit can be dismissed) Ripeness: Has to be far enough along for the judges ruling to affect the defendant Ex: If you file the lawsuit immaturely, the defendant has the right to file a dismiss because of the lack of ripeness Statue of limitation: Every states have a statues relating to how long you have to file a law suit after the incident occurs ( As short as 30 days; Most of them are 1-3 years) State of appeal has the rights to send the appeal back and dismiss the case for lack of jurisdiction Split of authority: Appellant courts have to follow the ruling of that appellant courts. The court of original jurisdiction are trial court Above the state supreme court, there’s the United States supreme court
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You have to go through the state appalent court before you can go to the United states supreme court California is the 9 th state of appeal It is not uncommon that we will have a split authority EX: Admissible evidence Supreme court usually only hears 100-150 cases per year Lawsuits Before you sue someone, you should Choose the court When we file a lawsuit, we call it a complaint
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  • Summer '08
  • MAXEY
  • Supreme Court of the United States

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