Chapter 4

Chapter 4 - Legal Studies Chapter 4 Counterclaim is when a...

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Legal Studies Chapter 4 01/23/09 Counterclaim is when a defendant wants to sue the plaintiff and thus the defendant becomes the counterplaintiff and the plaintiff becomes the counterdefendant Third Party Defendants is when the defendant brings in another party stating they are also liable for the sue because the third party defendant had a liability to the defendant and the defendant had a liability to the plaintiff Standing to Sue where a plaintiff must establish that he or she is entitled to have the court decide the dispute. To establish the required standing, a plaintiff must allege two things… 1. The litigation involves a case or controversy (courts are not free to litigate matters that have no connection to the law) 2. There has to be a personal stake in the resolution of the controversy (prevents any individual from asserting the rights of the general public or of a group of which they are not a member Without these requirements of standing, courts would be faced with abstract legal questions of potentially wide public significance, questions generally best left to legislative bodies or administrative agencies Personal Jurisdiction is the power of a court over the parties involved in the litigation process; therefore the plaintiff and the defendant indicate voluntary submission to the court’s power Summons is the notice to appear in court (given to the defendant) No case can proceed forward without the existence of both subject-matter and personal jurisdiction Long-arm statutes is where a summons can be properly served beyond the borders of the state in which it was issued. The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant: 1. Has committed a tort within the state 2. Owns property within the state that is the subject matter of the lawsuit 3. Has entered into a contract within the state or transacted the business that is the subject matter of the lawsuit within the state Due process (protection guaranteed by the 14 th amendment) requires that if a defendant is not present within the state where the lawsuit is filed, he or she must have certain minimum contacts with the state so that maintenance of the suit does not offend “traditional notions of fair play and substantial justice In criminal suits , the crime must have been committed within the state for the court to have jurisdiction over the case Extradition is the process of requesting and transporting the prisoner from one state to another (which is done by the governor of the state)
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Legal Studies Chapter 4 01/23/09 Class-action suit is one in which one or more plaintiffs file suit on his or her own behalf and on behalf of all other persons who may have a similar claim Supreme Court discourages class-action suits One legal commentator has described the class-action suit as the law’s version of a nuclear weapon -it is so destructive no side wants to set it off
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This note was uploaded on 04/02/2011 for the course LEGL 2700 taught by Professor Reed during the Fall '07 term at UGA.

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Chapter 4 - Legal Studies Chapter 4 Counterclaim is when a...

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