●Normally a court has such power only if it has both subject matter and personal jurisdiction ●Any action taken by a court without complete jurisdiction has no legal effect ■Subject Matter Jurisdiction of the Federal Courts ●Federal Question Cases (about federal law) ●Exists when (civil case) plaintiff’s claim arises from the US constitution or a federal statute○Concurrent - ability to be heard in either state court or federal court■Plaintiff has initial choice of filing in state or federal court ■If state court chosen, defendant may have a right ofremoval ○Exclusive - laws that specifically provide for exclusive federal court jurisdiction ■Patent, copyright, antitrust, securities
○A claim arising under Constitution creates concurrent fed-state jurisdiction○Claim arising under a federal statute is concurrent unless specified otherwise ●Diversity of Citizenship ○Amount in question is over $75,000○Parties from different states ■If a case involves multiple plaintiffs and/or multiple defendants, DOC exists only if there is no common state citizenship on opposite sides of the case (Pg 31)■Personal Jurisdiction ●In personam - Legally binding against a defendant (entity)●Procedural Due Process (fairness) - must have all four○Adequate Notice○Meaningful opportunity to be heard○Impartial Decision Maker○Substantial contact between D and forum state ●
You've reached the end of your free preview.
Want to read all 3 pages?
- Spring '08
- Law, Law of the United States, general trial courts