Chapter 2 Class Notes

Chapter 2 Class Notes - Chapter Two January 23, 2008 Rules...

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Chapter Two January 23, 2008 Rules for Civil Procedure: -rules for using the court system to handle a civil dispute -dual court system in the U.S. -state courts -federal courts Maine Courts -trial courts of general jurisdiction (2 in each county) -district court -superior court (handles jury trials) -appellate court: Maine supreme judicial court (Portland) -probate court: handles administration of property of people who have died Federal Courts -trial court with general jurisdiction: federal district court -specialized federal courts with limited subject matter jurisdiction (court of exclusive subject matter jurisdiction) -bankruptcy court -court of international trade Federal Appellate Courts -U.S. court of appeals (Boston) first circuit -U.S. Supreme Court (discretionary review jurisdiction); they can pick which cases to hear; 6,000 applications each year -selects cases (120 per year) -hears appeals from U.S. courts of appeals -hears appeals from state supreme courts Jurisdiction #1 -Power of a court to handle a case -U.S. principles are covered here; other countries follow other principles Jurisdiction #2 -Two types of jurisdiction must be present -subject matter jurisdiction -territorial jurisdiction (Doesn’t mean the claim is not valid but was instead brought to the wrong court); each case also has time limits so they need to ensure the claim will remain valid -Statues of Limitations: varies by state/jurisdiction Jurisdiction #3 -Subject Matter Jurisdiction: does the court have power to handle this type of dispute? -Exclusive Jurisdiction: only one court can handle certain disputes -Concurrent Jurisdiction: two or more courts have power to handle certain disputes Jurisdiction #4 -Examples of courts with exclusive subject matter jurisdiction: -eviction of a Maine residential tenant: Maine district court
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-Bankruptcy: Federal Bankruptcy Court -Maine murder: Maine Superior Court Jurisdiction #5 -Concurrent subject matter jurisdiction between state and federal court -One example: diversity of citizenship jurisdiction pg. 34 -plaintiff & defendant are citizens of different states, and -$75,000 minimum Jurisdiction #6 -Auto accident between Maine & NH drivers -if the plaintiff claim is for $50,000 the case can only go to state court -if the plaintiffs claim is for $300,000 the plaintiff can file in either state or federal court -but if plaintiff selects state court, defendant can have the case transferred to federal court
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Chapter 2 Class Notes - Chapter Two January 23, 2008 Rules...

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