Default judgment civil judgment against a defendant

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Default judgment- civil judgment against a defendant who does not appear in court, only valid when the court has jurisdiction over the court case and the defendant. o When someone is visiting that state or passing through o Domicile- person home where they spend most of time o Long arm statutes- so states can exercise personal jurisdiction o In rem jurisdiction- occurs when in personal cant happen, allows state to exercise its own power o Diversity Jurisdiction o One of 2 must be met Jurisdiction amount exceeds $75,000 Complete diversity requirements The plaintiff does not share the same state of citizenship as defendant o Venue 115 o Once a court has jurisdiction over the subject matter and the defendants it must then ascertain whether it is the proper venue o Venue means neighborhood- the proper area for or district where suit can be brought up o Federal jurisdiction 116 o Federal question- questions pretrain to the federal constitution o Diversity citizenship jurisdiction- when plaintiff and defendant are from dif states or country o Federal court system o General trial courts in every state o All district courts are grouped into 13 circuits Each as a court of appeals- hear appeals from trial courts, look for errors o Supreme courts o Top of judicial system, led by chief justice nonnominated by president entitled for life if good behavior o 120 for diagram o State courts o States have 3 levels Trial courts, court of appeals, and supreme court Juvinal courts, domestic relations courts, traffic courts etc o Original jurisdiction o Supreme court cerves as a trial court
o Certiorari o To be more informed o Supreme court issues a writ that orders the lower court to certify a record of the proceedings and send to SC o General jurisdiction o Courts have unlimited trial jurisdiction in civil and criminal cases Chapter 5 o Litigation o Starts with plaintiff filing a complaint, gives defendant notice of lawsuit o Direct and indirect costs are involved o Deciding whether to enter a suit, should consider likelihood of an alternative dispute resolution (ADR) if it’ll be effective and cheaper o Factors whether to enter a lawsuit or agree to settle a dispute – 132 o Expensive for court system Reduce cost by class action lawsuit- doing one big case than individual o The problem 134 o Causes for the lawsuit o Before trial 135 o Client interview w a lawyer Ask question about payment terms, opportunities to negotiate or arbitrate a settlement rather than going to trial Contingency fee- pay attorney, can be flat rate or hourly o Invitation of facts 135 o Information concerning the client ex medical bills, proof of needed items o negotiation of settlement offer made to settle case like money don’t have to accept offer can file a suit o Filing a suit 136 o the complainant should be definite, and it should contain sufficient info for the defendant to understand the nature of the litigation they can prepare a defense court of common pleas- general jurisdiction

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