Chapter_3_Notes_(Jurisdiction)

Chapter_3_Notes_(Jurisdiction) - the borders of the state....

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JURISDICTION (CHAPTER 3) 1) 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 i) Subject Matter Jurisdiction AND ii) Personal Jurisdiction OR In Rem Jurisdiction (1) Personal Jurisdiction (Plaintiff always has Personal Jurisdiction) (a) The Defendant voluntarily subjects themselves (i) Forum Selection Clause in a K OR (ii) The defendant fall to challenge the court OR (b) The Defendant is a resident of the state OR (c) The Defendant is served with process in the state (handed the papers while in the state) OR (d) Specific Jurisdiction -- The Defendant committed a tort, did business, or entered/breached a contract in the state OR (e) General Jurisdiction -- The Defendant has “Sufficient Minimum Contacts” with the state (Students with residency in another state) (2) In Rem Jurisdiction (a) A state court can determine the ownership of real estate located within
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Unformatted text preview: the borders of the state. They court has that power even though their decision might impact people over whom they do not have personal jurisdiction. b) Federal Court i) Subject Matter Jurisdiction AND (1) Exclusive Subject Matter Jurisdiction (a) Bankruptcy; Federal Crimes; Intellectual Property(Copyright, Patent, Trademark) (2) Concurrent Jurisdiction (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/country sues a resident of another state/country AND the amount of controversy is greater than $75,000 ii) Personal Jurisdiction (1) Same five point as State Court (2) (The Lawsuit must be filed in a federal court where the Defendant has Personal Jurisdiction) (3) (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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