Exam1 - Chapter 2 Jurisdiction Two kinds of jurisdiction...

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Chapter 2: Jurisdiction Two kinds of jurisdiction aka “court power” Subject matter > people who have been victimized Personal Actor Forum Reisequitor - You must follow them to their forum or where they live Balancing Test – Due Process of Law Subject Matter - Courts power over the kind of lawsuit it is - Founders reserved certain subjects for federal courts - Shared jurisdiction – choice > either court can hear it 2 Ways 1) Federal Law 2) State Law issue – Diversity of Citzenship & Amount in controversy > 75k Can you consent to jurisdiction? Personal – yes Forum Selection clause in contract – agree after the lawsuit Personal Jurisdiction (What state? Florida vs. Michigan) - Minimum Contacts Test (for out of state) - Burden on Defendant - State Interest - Plaintiff Interest/Convenience Subject Matter Jurisdiction (Which court, Federal or State?) - Federal law/question - Diversity of Citizenship + >75k Does a federal court have SMJ if your employer is incorporated in Delaware? Suing for million > Violated State law Principal place of business > Maryland Employer against you (Either incorporation or principal place of business) Diversity of Citizenship + > 75k, SMJ Employment Contract - From MD, business in MD - Suing you from MD - Clause > If they sued you, could you be sued in Fed Court - If there’s a clause, no SMJ - You can’t consent to Federal Court SMJ
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- State > Binding (Forum Selection Clause) Car Accident in VA - In it is someone who never left VA - Sue this person - State personal injury law - Sue them in VA (yes), MD (no), or both - Can you sue in Fed, State or both - $5000, state personal injury - You = MD resident, They = Virginia - Virginia State Court Personal Jurisdiction > Apply SMJ and PJ rules to certain situations Jurisdiction is litigated – argument over jurisdiction gets done with first States determine when you need to file Defendant (don’t know you are going to be sued) You basically lose If you don’t file, court issues a default judgement Default judgement Counterclaim (you think THEY owe you money?) Reply (plaintiff) 1 st stage of the lawsuit (Pleadings) Motion to Dismiss (before you answer or w/ answer) - No material facts in dispute - Why if facts in dispute > keep moving in trial - Judge assumes in motion to dismiss that facts are true > isolates law for the judge Judge agrees (motion to dismiss) Appeal if plaintiff You can only ask for violation of property only if you own it Sisters grass (he doesn’t have valid legal claim) Results in Judge granted Motion Indiquisitorial System - 6 discovery methods to get that voluntary from the other side Three Pre-Trial Motions - Motion to Dismiss Discovery - Interogatories (20-30 days to respond) - Request foradmissions - Rules where you have to give certain things over - Gather ALL the facts!
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