Chapter 3 Notes - 1

Chapter 3 Notes - 1 - Ch. 3 Judicial Review the process by...

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Ch. 3 Judicial Review – the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch Marbury v. Madison : Final determination of whether a law is constitutional or not is judicial branch Jurisdiction – the authority of a court to hear and decide a specific case Long Arm Statute – a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain “minimum contacts” with that state for the statute to apply o Commerce Clause in corporate contracts General vs. Limited jurisdiction o General State trial court, federal district court o Limited Probate court – a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate Bankruptcy court – a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law Original Jurisdiction (trial court) vs. Appellate Jurisdiction (reviewing or appellate courts) Exclusive vs. Concurrent jurisdiction (Federal/State/Concurrent jurisdiction) o Exclusive jurisdiction (Subject matter jurisdiction) – jurisdiction that exists when a case can be heard only in a particular court or type of court o Concurrent jurisdiction – jurisdiction that exists when two different courts have the power to hear a case (State and federal: diversity or discrimination cases) Jurisdiction of federal courts o Federal questions – a question that pertains to the U.S. Constitution, acts of Congress, or treaties o Diversity of Citizenship 1. The plaintiff and defendant must be residents of different states 2. The dollar amount must exceed 75,000 Jurisdiction in Cyberspace – sufficient minimum contacts (Long arm statute) o “Sliding-scale” standard – determines when the exercise of jurisdiction over an
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Chapter 3 Notes - 1 - Ch. 3 Judicial Review the process by...

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