LGST 101 Lecture 6 - Talked about jurisdiction last time o...

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

View Full Document Right Arrow Icon
Talked about jurisdiction last time o Jurisdiction – way you choose which court has the power to choose case o 3 types of jurisdiction Subject matter Legislature gives power to courts to hear particular types of questions and cases Case jurisdiction Relationships Why can we sue in this state at all? Why is the state interested in the case? Person Constitution requires that in a civil suit the defendant has due process and due notice o This is what a summons does o Begin civil lawsuit by giving a summons o Summons establishes jurisdiction over person Summons just tells someone that someone is suing them in a particular court, by a particular person, and the person is expected to respond Must be able to award summons to the individual to get jurisdiction over the person o Not always clear how you can do this Think of Pennsylvania o Philadelphia court of common pleas has power that is restricted within county and city of Philadelphia o Court (sheriff’s office) has to give summons within geopolitical boundary of court What if someone leaves area and never comes back? o Could go to their state and sue there Difficult and inconvenient o Find out information about person who needs to be summoned You have no choice about accepting a summons, as long as you are aware of it One way is to serve summons in person Serving summons can be difficult o What if sheriffs can’t do it? o Professional summons servers – handle hard cases Executive in high rise building Guy who lived in New Jersey and did business in Philadelphia Serving in person is best way to deliver summons o All you need is proof that it was delivered Serving in person can only be done within jurisdiction of court
Image of page 1

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

View Full Document Right Arrow Icon
Where do you live (place of abode)? o Can serve someone at their place of abode, if their home is within Philadelphia o Can go to someone’s home and deliver summons, even if they are not home (since the person will return) Have to give it to someone who has the mental capacity to understand what’s going on In general, cannot mail summons – does not guarantee due process and due notice People sometimes give consent – “Yes, I want to fight this” Types of service of summons o In person o At place of abode o Consent But what if you’re not within jurisdiction? How to serve Rules governing jurisdiction were developed in 19 th century o Locus theory Everybody lives within certain area This changed with advent of automobile o Automobile changed things – locus theory couldn’t hold successfully o Law changed, as did society How to deal with people moving around? Non-resident Motorist Act If you’re from NJ, and you drive to PA and are on PA roads, you then automatically appoint AG (Attorney General) of PA as your agent o Agent-principal Agent stands in your place Two of you are one legal entity So you can serve the summons at the AG’s office
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern