MIE chapter 2

MIE chapter 2 - Lectures 5 CH 2 The Courts and Alternative...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Lectures 5 CH 2 The Courts and Alternative Dispute Resolution We are all affected by what the courts say and do. Federal courts are not superior to the state courts; they are simply an independent system of courts. The Judiciary’s Role in American Government The role of the judiciary – courts- is to interpret and apply the law. Judicial review- the process by which a court decides on the constitutionality of laws and actions of the other branches. (executive). Judicial branch acts as a check on the other 2 branches. The Origins of Judicial Review in the US Judicial review was not mentioned in the constitution, but the concept was around. Alexander Hamilton and James Madison both emphasized judicial review in their essays urging the adoption of the new Constitution Basic Judicial Requirements 1. Jurisdiction 2. Venue 3. Standing to Sue Jurisdiction- juris- law diction- to speak -the authority of a court to hear and decide a specific action. A court must have jurisdiction over person, property, and subject matter. -Jurisdiction over persons- over any person who resides in a geographical area. Long arm statute- statute that allows personal jurisdiction over certain out of state defendants based on activities that took place within the state, but there must be minimum contracts that shows enough of a connection to the state to have this power. - jurisdiction over property- property that is within the court’s boundaries- in rem jurisdiction. - Jurisdiction over subject matter- limitation on the types of cases a court can hear. General jurisdiction- includes state trial courts and federal district courts, any kind of case. Limited jurisdiction- probate court, divorce Probate courts- state courts that handle only matters related to transfer of a persons assets and obligations after death. Bankruptcy courts- handle only bankruptcy proceedings., which are governed by federal bankruptcy law. Original jurisdiction- courts in which lawsuits begin, trials take place, and evidence is presented. Trial courts-district courts. Appellate jurisdiction- reviewing courts, are cases on appeal from a lower court. Jurisdiction of the federal courts- Article III of the Constitution establishes the boundaries of federal judicial power. Jurisdiction occurs when:
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
-a plaintiff’s cause of action is based on the US Constitution, a treaty, or a federal law. This arises a federal question. -someone claims their rights have been violated under the US Constitution. -cases involving diversity of citizenship- citizens of different states, a foreign country, etc. and it must be more than $75,000. Concurrent jurisdiction- exists when 2 different courts have the power to hear a case (such as in diversity of citizenship). Exclusive jurisdiction-
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 6

MIE chapter 2 - Lectures 5 CH 2 The Courts and Alternative...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online