jurisdiction 8_28_10 - Jurisdiction: courts power to hear...

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Jurisdiction : courts power to hear cases and render decisions that bind the parties before them - trial courts/courts of orig. jurisdiction: power to hear/decide cases when first enter legal system. Parties present evidence and witnesses - state courts call this : court of commons pleas - fed. courts call this : district courts Courts of appellate jurisdiction/appellate courts: power to review previous judicial decisions to determine if errors were made - don’t hold trials - consider additional oral/written arguments - handle questions of law / only judges can decide questions of law - questions of law : issue concern interpretation or application of the law - questions of fact :question about an event or characteristic of a case - these are determined in trial court Jurisdiction of persons and property - in personam jurisdiction = jurisdiction over the person - right for the court to render a decision affecting the rights of a specific person before the courts - extends over a specific geographic region/ state courts it extends to states borders - acquires this over a plaintiff when he/she files lawsuit with the court - acquires this over the defendant when he/she gives a copy of the complaint and summons 1945 international Shoe Co. v State of Washington: establish minimum-contacts - each state has its own minimum-contact requirements Subject-Matter Jurisdiction - courts power to hear certain kinds of cases/determines whether state v. federal court hears a case - exclusive federal jurisdiction - fed court has this over admiralty, bankruptcy cases, fed criminal persecutions, lawsuits in which one state sues another, claims against U.S, involving fed copy rights - patents - trademarks - also claims arising under fed statutes that specify exclusive fed jurisdiction - state jurisdiction - hear all cases not within exclusive fed jurisdiction - cases concern adoption, divorce - concurrent fed jurisdiction - both state/fed have jurisdiction over case - covers (1)fed-question cases: requires interoperation of constitution, fed statute, fed treaty (2) diversity- of citizenship cases: plaintiff/defendant don’t reside in same state AND controversy exceeds $75,000 Venue - decides which trial court in the system will hear the case
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This note was uploaded on 02/24/2011 for the course AEM 3210 taught by Professor Grossman,da during the Fall '07 term at Cornell University (Engineering School).

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jurisdiction 8_28_10 - Jurisdiction: courts power to hear...

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