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Notes 1-15-2010 - Business Law Notes Chapter 2 Courts and...

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1-15-2010 Business Law Notes Chapter 2: Courts and Alternative Dispute Resolution The Judiciary’s Role In American Government Judicial Review was established by the U.S. Supreme Court in Marbury vs. Madison (1803) where Chief Justice Marshall wrote: It is emphatically the province and duty of the judiciary to say what the law is...” Jurisdiction over Persons In Personam Jurisdiction When the defendant lives in the state... Service of process When the defendant lives outside the state Service of process Minimum contact Civil Legal Procedure : How the Court Acquires In Personam Jurisdiction Service of Process: Defendants must be served with a summons that has a copy of the complaint attached. It notifies defendants that they have been sued and that they have a certain number of days to file an answer. A deputy sheriff or constable typically serve the summons. After defendants have been served, the sheriff sign an affidavit of service and files it with the court. The court now
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