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22download_doc-5.php - L 293 The Jurisdiction of Courts...

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L293 (2/4/2009) The Jurisdiction of Courts United States Judicial System o U.S. Supreme Court Supreme Court o é Courts of Appeals é Appeals Courts o é District Courts é Trial Courts o FEDERAL é Small Claims Courts o Limited Jurisdiction Courts(state or federal) STATE Which Court Would You Go To? o State o Federal: 13 federal judicial circuits Each circuit contains three or more states within a region Do you know which circuit Indiana is in? 7 th Circuit What other states are grouped into our circuit? Illinois/Wisconsin Jurisdiction o Before any court (state or federal) may consider a case, the court must establish jurisdiction (the power to hear and speak) over either the dispute or the people involved in the dispute Original and Appellate Jurisdiction o Original Hear facts and evidence Come to decision based on application of facts and evidence to applicable law o Appellate May only determine if the trial court judge or jury made a legal or procedural error Appeals courts do not hear facts or new evidence State Court Jurisdiction o In order for a state court to hear a civil case, it must always have both subject matter jurisdiction over the case and either : In personam jurisdiction; or In rem jurisdiction In Personam and In Rem Jurisdiction o In personam jurisdiction: jurisdiction over the person
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o In rem jurisdiction: “over the thing ” - property that is subject of dispute is located within physical boundaries of court authority Example: a dispute over a house sale Bombliss v. Cornelsen o Illinois residents sued Oklahoma residents in Illinois court and the
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This note was uploaded on 04/18/2011 for the course BUS 293 taught by Professor Brown during the Winter '09 term at Indiana.

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22download_doc-5.php - L 293 The Jurisdiction of Courts...

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