CompLawFinal-Jurisdiction

CompLawFinal-Jurisdiction - Computers and the Law Final...

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Computers and the Law Final Exam: Jurisdiction Part 1: Basics: Jurisdiction = The Court’s authority to decide a case The court must have jurisdiction over the type of case. We call this Subject Matter Jurisdiction. A Court also must have authorities over the parties in the case. We call this Personal Jurisdiction. Competency and Fairness: Jurisdiction is about competency and fairness. Some courts are better situated than other courts to hear certain kinds of cases. This is what we mean by competency . There are also times when it would be unjust for a court to assert authority over certain parties. This is what we mean by fairness . For the most part, these two justifications are mapped onto the two kinds of jurisdiction: Personal and Subject Matter Some overlap. Competency: Competency is about having the right knowledge base and specialization. Certain courts are better situated to make decisions about certain matters than other courts are. Subject Matter Jurisdiction: The legal system in the US is bifurcated: We have State courts and we have Federal courts When it comes to SM, states are the main, go-to court. State Courts are Courts of general Subject Matter Jurisdiction, while Federal Courts are Court of limited Subject Matter Jurisdiction. Meaning, you can sue for only a few kinds of cases. Courts: Interstates and highways State courts are like state highways. You can drive a tractor on it, you can ride your bicycle, and you can hitchhike (though I don’t recommend that). Federal courts are like interstate highways: there are a lot more things that you can’t do on them. State Courts and General Subject Matter Jurisdiction: If you have a cause of action some state court will hear your case. I say, “some” because… Most states have both general and limited courts: Family court Traffic court Small claims court
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This goes back to competency. It makes sense to have some specialized courts that deal with those sorts of cases. There will usually be a state court with general jurisdiction where you can sue for just about anything. Federal Courts and Limited Subject Matter Jurisdiction: Federal Courts are created by the constitution (Articles I and III, though mostly III) Federal Courts have jurisdiction in three instances. Diversity cases Federal Question Diversity Jurisdiction: Federal courts can hear cases when the adverse parties are diverse—meaning, of different citizenship. Between citizens of different states Between citizens of a state and a citizen of a foreign country Between States Whenever the U.S. is a party Note, the amount in controversy > $75,000 Examples of Diversity: A-Rod sues Manny Ramirez. Diversity? Yes.
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CompLawFinal-Jurisdiction - Computers and the Law Final...

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