jurisdiction ppt - choosing the venue The court tries to...

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Jurisdiction To speak the law.
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Subject Matter Jurisdiction To hear a case, federal courts must be presented with a federal question (U.S. Const., treaties, fed. Statutes) Over 1/3 of the trials in federal court are diversity cases -via a fed. statute State courts have subject matter jurisdiction over anything not barred by federal exclusivity
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Personal Jurisdiction Plaintiff submits to personal jurisdiction by suing in that court If a defendant proceeds with the case, the defendant waives his/her defense of “lack of personal jurisdiction”
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Personal Jurisdiction 1. He/she is served with process, and 2. He/she has sufficient ties with the state in which the suit is filed Personal Jurisdiction over a defendant exists when:
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Long-Arm Jurisdiction International Shoe v. Washington The Internet
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Venue A notion of convenience to the parties, especially the defendant Courts look at the defendant when they are
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Unformatted text preview: choosing the venue The court tries to find venue where: 1. The defendant works or resides 2. Where a disputed land interest is located 3. Where the occurrence leading to the lawsuit took place, and/or 4. The forum chosen in the parties contract Torts The place of the injury is the controlling substantive law Contracts The place where the contract was reached is the controlling substantive law, unless superseded by the parties intent, such as via a governing clause (see next !) The law intended by the parties generally governs when the intent is clearly stated in the contract (a choice-of-law provision). AVOIDING CONFLICTS OF LAW Federal Statutes (e.g., Nat. Labor Relations Act of 1935) or treaties Uniform State Laws (e.g., the Uniform Commercial Code) Arbitration Clauses...
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jurisdiction ppt - choosing the venue The court tries to...

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