ARE18 notes2

ARE18 notes2 - Does not have proper jurisdiction since you...

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ARE18 1-12-11 Chapter 3 notes Jurisdiction - the authority of a court to hear and decide a specific case personal jurisdiction - over any person or business that resides in a certain geographical area. in rem jurisdiction - or jurisdiction over the thing. another state does not have jurisdiction of a resident that is not in their state. Exceptions: Every state has a statute- Long arm statute - permits a state to obtain personal jurisdiction over a nonresident defendants. a defendant must have minimum contacts with that state for the statute to apply. In the state of OH but the person is from CA, gets into a car accident, they still must attend court in that state since that is where the incident took place. Searching the internet looking for something to purchase. Buy something from OH. Dispute arises between you and seller. Seller believes you owe them money.
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Unformatted text preview: Does not have proper jurisdiction since you did not travel to OH. You are not required to travel to OH. Only option would be them coming to your state to sue you there. At least one federal court in every state state court always has jurisdiction when something takes place in that state. Federal Court system only has jurisdiction in two types of situations 1. Civil Dispute involving a federal question ex. food and drug administration/federal statute/patent 2. Diversity of citizenship- plaintiff and defendant reside in different states ex. historical- 1700-1800s if the plaintiff resides in one state and they had to go to the defendants state to go to court, they feared the judge would favor the person from their own state....
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This note was uploaded on 01/17/2012 for the course ARE 18 taught by Professor Maxey during the Winter '08 term at UC Davis.

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