Chapter3Slides

Chapter3Slides - The Courts and Alternative Dispute...

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Unformatted text preview: The Courts and Alternative Dispute Resolution Cut and Dry Rules, Process, Reviews The power of the courts to review (and invalidate) the actions of the other branches  Taken by the Supreme court in Marbury v. Madison  Justice Marshall stated that this was the power of the court.  We as a nation decided that it was a judicial branch can answer question whether it is constitutional and fact, BUT NOT IN CONSTITUTION COURTS DECIDE Standing  Jurisdiction Personal or in rem and Subject Matter  Venue  Need all three, including both aspects of jurisdiction  REMEMBER. If you get a notice or warrant Respond to it and say you dont have any right to do this If not, you LOSE Defendant issue only!!! Plaintiff always agrees/files to jurisdiction  Jurisdiction extends to all state courts County Court House at least one state court within county court house  TWO TYPES Subject Matter Is this the right court to hear this type of case? Only jurisdiction in certain subjects Easy i.e. Traffic Court Personal HUGE! Does this court have power over the named defendant in the case? Can be based on:  Residency  Physical Presence  Minimum Contacts (more business oriented) You not the boss of me Internet: Interactive websites Usually real estate  Based on location of property that is subject of law suit Usually involves real estate Location of parties not relevant  Quasi in rem: Attaching property to satisfy a different lawsuits judgment not real State: Most Cases Applies to both civil and criminal i.e. Traffic Tickets  Federal Violations of Federal Statutes, trademark and patent, admiralty i.e. Bankruptcy  Concurrent (file in either) Usually choose off of advantageous qualities Federal question (constitutional violation by a state)no...
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Chapter3Slides - The Courts and Alternative Dispute...

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