518-3 TheJudicialSystemandLitigation

518-3 TheJudicialSystemandLitigation - CHAPTER THREE THE...

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CHAPTER THREE THE JUDICIAL SYSTEM and LITIGATION Introduction Court Systems in the United States Trial Courts General Jurisdiction Can hear a variety of cases Limited Jurisdiction Probate, family, criminal courts Original Jurisdiction Trial courts have original jdx (aka Superior Court/County Court/District Court/ Circuit Court) This is where cases first go for resolution Judge determines questions of law Jury (or judge if there is no jury) decides questions of fact Courts will not decide hypothetical questions; matters that have resolved themselves (the issue is moot NO LEGAL SIGNIFICANCE ) The full faith and credit clause (Article IV, Section 1 of the Constitution) gives enforceability to judgments in other states Jurisdiction Over the Person To consider a case a trial court must have power over the person against whom a suit is brought A state court’s jdx is limited to its territorial boundaries A federal court has personal jdx throughout the U.S. In personam jurisdiction (personal jurisdiction) A court has personal jdx in the following situations: 1. Any resident of the judicial district even if he is temporarily out of the area; 2. Any business within the judicial district, even if the main plant or office is elsewhere; 3. Anyone served with a summons in the judicial district 4. A long-arm statute ( a statute which a court uses to exercise jurisdiction over a nonresident person or business )
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Gives a court jdx if a person or business commits an act or acts within the state that give rise to minimum contacts within the state , because “ traditional notions of fair play and substantial justice are not offended .” This standard is implied in the due process clause guaranteed in the 5 th and 14 th Amendments When a person is provided with both notice and the opportunity to be heard the traditional notions of fair play and substantial justice are satisfied Bilger v. Pereira Plaintiff injured in New Orleans. Plaintiff taken by defendant to Metairie where he allegedly wrongfully marries her while she is under the influence. Plaintiff then taken to Sacramento where the defendant wrongfully arrested her. Plaintiff then moves to Tennessee. Plaintiff files suit against defendant in Louisiana. Defendant moves to dismiss. A party may assert a defense that the court does not have personal jdx when their presence was obtained by fraudulent means Jurisdiction Over Property In rem Affects the interests of all persons in the designated property Quasi in rem Affects the interests of a particular person in the property Subject Matter Jurisdiction Imposes a limitation on the kind of cases that a court can hear May be limited by the subject of the lawsuit, the monetary
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518-3 TheJudicialSystemandLitigation - CHAPTER THREE THE...

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