9_3_19_ Appellate Courts.pdf - BMGT380 Jennifer Gershberg 29 Aug 2019 Appellate Courts Lecture Highlights ● Courts need both personal jurisdiction and

9_3_19_ Appellate Courts.pdf - BMGT380 Jennifer Gershberg...

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BMGT380 Jennifer Gershberg 29 Aug 2019 Appellate Courts Lecture Highlights Courts need both personal jurisdiction and subject matter jurisdiction to hear a case subject matter jurisdiction: power to hear a certain type of case federal courts have subject matter jurisdiction if: diversity jurisdiction parties are citizens of different states and the amount of controversy is greater than $75K federal question jurisdiction personal jurisdiction based on residency, activities, or location of defendant, not the plaintiff ensures due process for the defendant key concept is “minimum contacts” “the benchmark is whether the defendant’s minimum contact with the foreign state are such that the defendant be reasonably anticipate being hauled into court there” e.g. residence, working in the state, doing business general personal jurisdiction defendant has continuous business contact with the state specific personal jurisdiction cause of action is related to defendant’s contact with the state concurrent jurisdiction: both the state and federal courts have jurisdiction so either may hear the case plaintiff decides where to sue if federal court, there is nothing the defendant can do about it, and the defendant goes to federal court
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if it is state court, and the federal court also has federal court, the defendant can move the case to federal court cannot go the other way state courts versus federal courts jury pool
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