Chapter 2 posting - E In Rem and Quasi in Rem Jurisdiction...

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CHAPTER 2 The Court Systems I. Federal and State Court Systems A. Organization 1. Three tiers – District, Court of Appeals, Supreme Court 2. Jurisdiction among tiers a. District – original jurisdiction b. COA, SC – appellate jurisdiction B. Creation 1. Congress 2. The General Assembly II. Jurisdiction A. Definition B. Two essential types of jurisdiction 1. Subject matter a. federal question b. diversity of citizenship 2. Personal C. Service – means of establishing jurisdiction 1. personal 2. by publication – reasonably calculated to alert Defendant D. Out of State Defendants 1. long-arm statutes 2. three bases of jurisdiction for long arm statutes 3. doing business – minimum contacts a. International Shoe b. Hollinger i. Two elements required a. arise out of activity enumerated in statute b. minimum contacts ii. defense raised – burden shifts to plaintiff c. Online sales – informative sites vs. direct online sales
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Unformatted text preview: E. In Rem and Quasi in Rem Jurisdiction F. Exclusive Jurisdiction vs. Concurrent Jurisdiction 1. Federal Examples and State Examples 2. Erie doctrine G. Conflict-Of-Law Rules 1. Definition of conflict of law 2. Traditional rules vs. significant interest 3. Hughes- five factors applied a. predictability of result b. maintenance of order c. simplification of the judicial task d. advancement of forum’s governmental interest e. application of the better rule of law H. Venue 1. Definition 2. Place where P or D live or where dispute arose 3. Change of Venue 4. Forum non conveniens – four factors considered – p. 45 III. Judicial Officials A. Judges 1. duties 2. methods of reaching bench (federal vs. state) 3. judicial immunity B. Clerks C. Sheriff – quasi-judicial/executive...
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This note was uploaded on 04/29/2008 for the course FINA 2244 taught by Professor Moore during the Spring '07 term at East Carolina University .

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Chapter 2 posting - E In Rem and Quasi in Rem Jurisdiction...

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