acct 324 class 2

acct 324 class 2 - 1/18/2012 US legal State System Federal...

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Unformatted text preview: 1/18/2012 US legal State System Federal court system 54 state commonwealth jurisdictions (state courts) In SC, our highest court is supreme court Two types of jurisdiction Personal jurisdiction- can that particular court cause me to come defend myself or can I go to that court as the plaintiff and sue somebody does this court have jurisdiction over Ex) if a car accident happens and one guy is from cola and one guy is from north Carolina, the court system that will take care of this is south Carolina because the accident happened in Columbia Suppose you have a bed and breakfast in South Carolina, great reputation only by word of mouth. So a couple from Washington hears about the bed and breakfast and book a room at the bed and breakfast. While they are there they walk out to the porch and fall through the porch and injure themselves. So when the couple tries to sue the owner they have to sue in South Carolina because thats where the bed and breakfast is. Ihram jurisdiction- jurisdiction over the property (real estate); wherever the real estate is located is where the court will deal with cases The long arms statute- which enables the court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert long-arm jurisdiction over him/her. Ex) International Shoe Co. vs. State of Washington- each state has its own minimum- contact requirements but most state statutes hold that acts like committing a tort or doing business in the state are sufficient to allow the state to serve a defendant Defendants who injured plaintiffs could evade legal action by leaving the state and remaining outside its borders therefore to prevent this problem they enacted the long arms statute Subject matter jurisdiction- can this particular type of court hear this particular type of case (very particular cases) Jurisdiction- courts have the power to hear cases and render decisions that bind the parties before them Exclusive federal jurisdiction Jurisdiction over very few cases: admiralty cases, bankruptcy cases, federal criminal prosecutions, lawsuits in which one states sues another state, cases involving federal copyrights, patents, or trademarks and claims against the U.S. Bankruptcy cases, admiralty cases, federal criminal prosecutions State jurisdiction- all cases not falling under exclusive federal jurisdiction Most cases fall under state jurisdiction State courts have exclusive cases such as adoption and divorce Concurrent federal jurisdiction- means that both state and federal courts have jurisdiction over a case. Concurrent jurisdiction covers two types of cases: federal- question and diversity-of-citizenship Federal- question -causes require an interpretation of the United States Constitution, a federal statute, or a federal treaty Ex) suppose a plaintiff alleges that a Florida campaign financing law violates his 1...
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acct 324 class 2 - 1/18/2012 US legal State System Federal...

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