Normally a court has such power only if it has both subject matter and personal

Normally a court has such power only if it has both

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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 statuteConcurrent - ability to be heard in either state court or federal courtPlaintiff 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
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A claim arising under Constitution creates concurrent fed-state jurisdictionClaim arising under a federal statute is concurrent unless specified otherwise Diversity of Citizenship Amount in question is over $75,000Parties 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 fourAdequate NoticeMeaningful opportunity to be heardImpartial Decision MakerSubstantial contact between D and forum state
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  • Spring '08
  • Baker
  • Law, Law of the United States, general trial courts

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