LGST Session 4 - LGST 101 Session 4 The Role of the Judge...

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LGST 101 Session 4 – The Role of the Judge and Civil Procedure Revisited: Laws vs Morality, Public vs. Private Law, Criminal vs. Civil Law, Sources of Law, Path of Law, Brown v Board of Ed, Speluncean Explorers Civil Procedure: The Law of the Dispute o Civil vs. Criminal o Adversarial vs. Inquisitorial o Fact vs. Law o Fairness vs. Efficiency Civil Procedure: What is Fairness? o Access to facts o Access to law o Access to judge o Access to jury Structure of Federal Litigation in the US o (Chart on slides show the court systems leading up to the Supreme Court) Jurisdiction o The power to hear a case o Without it, there is nothing that can be done o Subject Matter Jurisdiction and Personal Jurisdiction Subject Matter Jurisdiction o Federal courts – limited subject matter jurisdiction
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Unformatted text preview: o 1. Exclusive Federal jurisdic²on suits between states federal criminal prosecu²on mari²me, bankruptcy, an²trust, patents, and a few others. o 2. Federal Ques²on Federal Law Passed by congress Based on the cons²tu²on Final authority on State Law is the State o 3. Diversity Jurisdic²on amount in controversy $75,000 Complete diversity No common ci²zenship between defendants and plain²´s Personal Jurisdic±on o How to get personal jurisdic²on: Service of Process Domicile in the state Consent Long-arm statute BK v. Rudzewicz o Long-arm statute. “Minimum Contacts” o have to have minimum contacts...
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  • Fall '08
  • Miller
  • Law, Supreme Court of the United States, Subject-matter jurisdiction, Personal jurisdiction

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