Legal Studies NOtes - Legal Studies Notes Chapter 3 The...

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Legal Studies Notes Chapter 3- The American Legal System A federal case can end up in state court (depending on whats written in the law) All cases involving the united states goes to Federal Court A state law claim can also go to federal court o Diversity Jurisdiction Citizens of Different states Amount in dispute exceeds $75,000 Concurrent jurisdiction- can go to federal or state court o If the statue says so Jurisdiction over persons o In personam- jurisdiction over the parties to a lawsuit o Plantiff automatic with the filing of the suit o Defendant- (Ex mayo v satan: personal jurisdiction/other issues) 1. State citizenship special note on businesses physical presence OR How one obtain jurisdiction over an out of state resident Long arm statute o Defines when out of state defendant can sued in state court o Is it fair? (Due process- fundamental fairness)
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Unformatted text preview: o In rem – over real property not over the owner of the property • Venue o Proper geographic neighborhood o Defendant might argue that venue be changed, o Changing Venue Private factors: where the events occurred, where the parties reside, discovery costs, ease of access to the evidence Public Factors: connection to the forum, court congestion, burden placed on jurors with no connection to the suit o Ex: Helmburg V ATO Frat party, kid got scared jumped off balcony • Structure of the Court System o Federal Courts General Jurisdiction (District Courts) • Limited Juridisction (specialized courtes, patents bankruptcy etc) Intermediate court of appeal (circuit courts) (appellate courts) • Law • Fact Court of Last Resort (US Supreme Court)...
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  • Fall '13
  • Hogg
  • Law, Supreme Court of the United States, federal court, State court

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