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LGST 101 Lecture 5

O go where you have jurisdiction three types of

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o Go where you have jurisdiction Three types of jurisdiction – you need all three Jurisdiction over subject matter o What are we talking about? Divorce, contract, etc. o Legislature of state sets up court (have authority to create courts, and delegate to them certain authorities) If there is specialty court, may need to go there if your case falls under its authority General court (court of common pleas) hears everything else Vast majority of cases end up in court of common pleas or in similar courts in other states – the entry level courts o Seems kind of pointless, except for specialty court It’s something you will automatically know If you need to go to specialty court, the law needs to tell you Otherwise, you’re always in court of common pleas
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Jurisdiction over the case o Talks about and requires relationships o States have an interest in what’s happening within their borders, and in what’s happening to their people o Have to sue in a court in a state that has some interest in the outcome of the case Can be more than one state For example, if the incident happens in the state, or if the defendant or the plaintiff live in the state o Sometimes, the relevance of the state’s interest in your case gets very broad People do business in different states, so more states may have more interest in your case Doing business is a very broad concept – offices in other states, mail orders, internet/online shopping Anywhere that a company sells something becomes jurisdiction over the case o Plaintiff has the right to decide which state (plaintiff is bringing the lawsuit) Jurisdiction over the person o Three possible ways to get jurisdiction over the person o Constitution says that to be able to sue and bring someone to court in civil trial, you must have due notice and due process This means to be able to sue a person (bring them to court), you must be able to serve them a summons o If you’re going to serve someone a summons, you must do it within the geopolitical boundaries of the court, where the court has power/jurisdiction o Once you’re served, you’re served – you can’t just ignore it o There are professional summons servers, because some people are very adept at avoiding summons servers o Residuary legatee
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