outline -- court systems and jurisdiction

outline -- court systems and jurisdiction - on aliens if...

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Court Systems and Jurisdiction 1. Structure a. State Courts i. Trial Courts ii. Mid-Level Appellate Courts iii. Supreme Court b. Federal Courts i. District Courts ii. Circuit Court of Appeals iii. Supreme Court 2. Jurisdiction a. Two types i. Subject matter ii. Personal b. Federal Courts i. Federal Question (1) Default is concurrent with State Courts (2) Exclusive (a) federal crimes (b) admiralty (c) antitrust (d) bankruptcy (e) patent (f) copyright (g) U.S. is a defendant (h) Others ii. Diversity (1) Always concurrent with State Courts c. State Courts i. State Courts are courts of general jurisdiction (1) U.S. Constitution requires States to give litigants due process. This is interpreted to mean that States cannot exercise jurisdiction
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Unformatted text preview: on aliens if doing so would violate “traditional notions of fair play substantial justice.” This is summarized by saying that the State must have at least “minium contacts” with the defendant. (a) In Rem Jurisdiction always meets the minimum contacts test; (b) In Personam Jurisdiction requires minimum contacts. (2) State courts need a statute giving them jurisdiction. When the statute gives the court jurisdiction over aliens, it is called a “long-arm Statute.” 3. Standing – Plaintiff must have a sufficient stake in the outcome of the suit. 4. Venue 5. Forum Selection Clause...
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This note was uploaded on 11/09/2011 for the course ACC 241 taught by Professor Daviddixon during the Fall '11 term at BYU.

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