Chapter_3_Notes_(Jurisdiction)

Chapter_3_Notes_(Jurisdiction) - contract in the state OR...

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JURISDICTION (CHAPTER 3) I) Jurisdiction – the power of a court to hear and decide a case. If the court doesn’t have any jurisdiction, the case will be dismissed A) State Court 1) Subject Matter Jurisdiction AND 2) Personal Jurisdiction OR In Rem Jurisdiction (a) Personal Jurisdiction (Plaintiff always has Personal Jurisdiction) (i) The Defendant voluntarily subjects themselves ( possibly through a Forum Selection Clause) OR (ii) The defendant doesn’t challenge the court OR (iii)The Defendant responds/participates OR (iv)The Defendant is a resident OR (v) The Defendant is served with process in the state (handed the papers while in the state) OR (vi)The Defendant committed a tort, did business, or entered/breached a
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Unformatted text preview: contract in the state OR (vii) The Defendant has Sufficient Minimum Contacts with the state (Students with residency in another state) B) Federal Court 1) Subject Matter Jurisdiction AND (a) Federal Question Jurisdiction OR (i) It raises a question about a Federal Law, Federal Statute, or the Constitution (b) Diversity Jurisdiction (i) Resident of one state sues a resident of another state AND the amount of controversy is greater than $75,000 2) Personal Jurisdiction (a) The Lawsuit must be filed in a federal court where the Defendant has Personal Jurisdiction (b) Rules are identical to states...
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This note was uploaded on 01/19/2012 for the course BSL 212 taught by Professor Guzzi during the Spring '07 term at University of Miami.

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