BUS 300: Chapter 3

long arm statutes

grants the court specific authorization over the defendant due to the defendant's conduct or other circumstances. intended to allow a court to "reach" into another state and exercise jurisdiction over a nonresident defendant provides jurisdiction for an out-of-state defendant if 1) transacts business within the state's borders 2)commits a negligent act in that state that results in loss to another party 3) owns property in the state

minimum contacts

A defendant's activities within or affecting the state in which a lawsuit is brought that are considered legally sufficient to support jurisdiction in that states court

What is a writ of certiorari and how does a party go about getting one?

A discretionary order issued by the Supreme Court (and federal appellate courts) granting a request to argue an appeal A party filing for an appeal must file a petition for a writ of certiorari.

How is diversity jurisdiction established at the Federal level? (federal question, diversity and concurrent).

Even if there is no federal question and the US is not a party to the litigation, federal courts may have subject matter jurisdiction over cases involving parties from two different states (or one party from outside US) a situation known as diversity of citizenship. Diversity of citizenship cases must have an amount in controversy greater than $75,000 Courts that are authorized to initially hear a case are said to have original jurisdiction. However, its important to note that more than one court may have jurisdiction over the same case. This is called concurrent jurisdiction. State courts may have concurrent jurisdiction with other state courts or federal courts.

What is jurisdiction?

Jurisdiction is a court's authority to decide a particular case based on: (1) who the parties are, and (2) the subject matter of the dispute.

In rem jurisdiction

Jurisdiction over real or personal property when the property itself is the principle subject of the lawsuit. allows a court the authority to determine title to an object or real estate.

Diversity jurisdiction

Situation in which opposing parties in a lawsuit are citizens of different states or one party is a citizen of a foreign country; the case is placed under federal court jurisdiction if the amount in controversy exceeds $75,000.

Venue

Venue is a determination of the most appropriate court location for litigating a dispute. Venue is the legal concept that defines the most appropriate location for the trial within a jurisdiction. Typically, state statutes provide that venue in a civil case is where the defendant resides or is headquartered. In a criminal case the venue is ordinarily where the crime is committed.

Personal jurisdiction

called in personam jurisdiction, the court's authority over the parties involved in the dispute. A party must be either an individual or a corporation

Subject matter jurisdiction

court's authority over the dispute between parties

Federal Question jurisdiction

some issue arising from the constitution, a federal or statue regulation, or federal common law

Jurisdiction requires a 2 part analysis:

subject matter jurisdiction & personal jurisdiction