LECTURE 2 - LECTURE 2 Federal and State Judicial Systems...

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LECTURE 2 Federal and State Judicial Systems - Congress shall create and oversee a system of lower federal courts. Congress shall confer certain exclusive and limited federal subject matter jurisdiction. Exclusive to Federal Courts - wherever there is an issue or federal question or an issue of interpretation of the constitution, federal subject matter. Where the government of the United States is a party to the action must be seen by federal courts. Any issues involving interstate commerce is federal subject matter jurisdiction. Any violations of any of the federal civil rights laws must be heard in federal court. Bankruptcy - federal. A conflict or dispute between two citizens from two different states. (diversity of citizenship) Minimum claim of $10,000; must be pure diversity. 2 areas of federal jurisdiction that bypass all of the lower federal courts and go directly to the US supreme court for original and final resolution. 1. Any conflict or dispute between two states goes directly to the supreme court. 2. Any conflict or dispute pertaining to a foreign ambassador or their respective embassies or consulates. Federal courts - 3 tiers. (each district has an attorney who is appointed by president) 1. Original and general jurisdiction, trial court. (U.S. District Court) 2. Intermediary Appellate Court (U.S. Court of Appeals) If they find errors, they can resubmit the case. (cannot hear any new evidence or testimony) 12 Circuits, 13th is DC. Judges are nominated by president, confirmed by senate. 3. U.S. Supreme Court - File a Writ of Certiorari to be seen. If 4 judges believe it should be seen, it will be. Preponderance in the evidence - 51% more believable. Proving a case by “clear and convincing evidence” - Showing it is necessary. Beyond a reasonable doubt - Criminal matters - prove defendant committed it.Serving of a summons and complaint Summons - court order telling defendant they are being sued, comes with a copy of a complaint - complaint alleged wrongful conduct. Complaint must be served by an adult nonparty to the action. (process server, licensed)
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1. Personal Service 2. Suitable Age and discretion (substituted service) 3. First Class Mail / with consent 4. Nail / Mail (can only use if you document that the first 3 didn t work) 10 ʼ days after, service becomes effective. 5. Ask the Court. (Publish, 10 days after becomes effective) Default judgement - ok if you re hospitalized or business trip, etc. Discovery happens ʼ after both sides are presented:
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