BUSA+Court+Systems+and+Jurisdiction++(2) - COURT SYSTEMS...

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COURT SYSTEMS AND JURISDICITON When can you take a case to court? I. Overview You are standing at the window with a friend and your car gets hit. You see it happen and you want to sue. Can you and, if so, where? Your friend saw the same accident. Can he sue? Should you go to Federal Court or State Court and if the latter, which one? For the laymen, these questions might seem easy but they are not. Additionally, jurisdiction (the power of a court to hear a case) has been complicated by the computer. Where does a transaction take place? Where is the computer? Does it matter? These questions, among others will attempt to be answered in this chapter. II. Hypothetical Multi-issue Essay Question Mr. Cav E. At-Emptor is fed up. He has suffered through the ownership of a model XXX Luxmobile auto since he bought it new from Loud and Obnoxious Motors nine months ago. The car has spent more time in the repair shop than on the road and is now out of warranty. Mr. At-Emptor still owes over four years worth of payments on the car and has decided he is tired of paying for the car twice—once to buy it and once again to repair it. He purchased the car in New York but uses it in Colorado. Can he sue L & O Motors in Colorado? III. Outline State Court Systems Limited-jurisdiction trial courts Courts that hear matters of specialized or limited nature Small claims courts are a good example of this General-jurisdiction trial court Courts that hear cases of a general nature that are not within the jurisdiction of limited- jurisdiction trial courts Intermediate appellate courts Courts that hear appeals from trial courts Highest state court The highest court in a state system 12
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U.S. Supreme Court Created by Article III of the US Constitution Highest court in the US Located in Washington, D.C. Composed of nine justices who are nominated by the President and confirmed by the Senate Types of decisions: Unanimous Majority Plurality Tie Writ of Certiorari is needed for the Supreme Court to hear a case Special Federal Courts US Tax Court US Claims Court US Court of International Trade US Bankruptcy Court US Courts of Appeals These are the federal court system’s intermediate appellate courts There are 13 courts of appeals US District Courts These are the federal court system’s trial courts of general jurisdiction Presently, there are 96 district courts Relevant Court Terms Standing vs Jurisdiction vs Venue Need a reason to sue Court’s Power to Hear Case Place within Jurisdiction where case is heard Jurisdiction of Federal and State Courts Exclusive Federal vs Concurren t vs Exclusive State Not subject to State jurisdiction
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BUSA+Court+Systems+and+Jurisdiction++(2) - COURT SYSTEMS...

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