notes for blaw

notes for blaw - - - - - - - subject matter jurisdiction o...

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- subject matter jurisdiction o general jurisdiction court able to really hear many types of subject matter litigation o limited jurisdiction court can only hear certain types of subject matter copy right, bankruptcy court (fed), traffic, adoption (state) o concurrent jurisdiction both federal and state courts have power to hear a case o exclusive jurisdiction case can be tried only in fed court or only in state court traffic, adoption, divorce chose where you will get the best answer i.e. .. john elway might get a better answer by going to state court since he won two super bowls here - specialized courts o have a specialized subject matter jurisdiction bankruptcy juvenile probate tax - fed court jurisdiction (ways to go to fed court) two ways: o fed question involves a fed statute, constitution, fed regulation, or treaty with a another country o diversity cases where: parties from different states and amount in controversy is greater than $75,000 - Jurisdiction in cyberspace o “Sliding scale” standard o Passive website no---------yes substantial business interaction - Venue and standing to sue o Venue – most appropriate location for the trial o Standing to sue – must have a sufficient stake in the controversy - Stat court system o Trial courts General jurisdiction Limited jurisdiction o Appellate court Courts of appeal Supreme court o Fed court system Us district court Us courts of appeal Us supreme court
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Us district courts Trial courts of general jurisdiction Each state has at least one district but if a larger state they would have more o Us court of appeal Appellate courts 13 circuits o Us supreme court 9 justices appointed by the president and confirmed by the senate Writ of certiorari Rule of four – out of nine justices must agree to hear your case o Trial courts Court reporters – type the transcript of the trial Opening and closing arguments Juries Evidence introduced Witnesses Verdicts and judgments o Following a state court case The pleadings Complaint Answer - defendant Counterclaim Reply- plaintiff Service of process Copy plaintiff’s complaint + summons from the court No jurisdiction until proof that defendant was served Pretrial motions Motion to change venue Motion to dismiss Motion for judgment on the pleadings Discovery – fact finding Depositions Interrogatories – written list of questions that I expect you to answer Request for admission- admit or deny the questions Requests for production- documents that I believe is related to Request for examinations – mental or physical exams to
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This note was uploaded on 02/27/2008 for the course BCOR 3000 taught by Professor Morley during the Spring '07 term at Colorado.

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notes for blaw - - - - - - - subject matter jurisdiction o...

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