Business Law ch3

Concurrent Federal/State Jurisdiction (1 and 1 ex)

(concurrent means more than one court has authority to hear the same case). State and Federal courts have concurrent jurisdiction over (1) Federal question cases (cases arising under the Constitution, statutes, or treaties of the United States) that do not involve exclusive Federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000.

Exclusive Federal Jurisdiction (cont)

- Federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases arising under Federal law.

Removal Jurisdiction

- In most circumstances, when a case is filed in state court where there is concurrent jurisdiction, the defendant may remove it to Federal Court.

Exclusive State Jurisdiction

- State courts have exclusive jurisdiction over all matters to which the Federal judicial power does not reach. Includes worker's compensation and a few other claims, and cases arising solely under state law that are less than $75,000 or are solely between state residents

Florida State Courts Appellate Courts

- Two levels: direct appeal is to the District Court of Appeal; discretionary review is to the Florida Supreme Court.

Arbitration

- a non-judicial proceeding in which a neutral party selected by the parties renders a binding decision (award).

In Rem Jurisdiction and Attachment Jurisdiction (1 and ex)

- allow courts to exercise jurisdiction limited to property within their territory For example, a court has jurisdiction to hear a mortgage foreclosure over local property even if the debtor cannot be served

Subject Matter Jurisdiction

- authority of a particular court to decide a particular kind of case, based on either the type of claim or amount at issue.

Florida State Courts Special Courts

- family law, probate, and juvenile courts are important special courts - these are branches of the county or circuit courts.

Florida State Courts Circuit Courts

- general jurisdiction over civil cases of more than $15,000 and most criminal cases.

State Courts Generally Trial Courts

- have general jurisdiction over civil and criminal cases.

State Courts Generally Inferior Trial Courts

- hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money (small claims courts); conduct preliminary hearings in more serious criminal cases.

Florida State Courts County Courts

- hear traffic offenses, and civil cases involving small amounts of money; up to $5,000 in small claims courts; more than $5,000 up to $15,000 in general county civil division.

State Courts Generally Appellate Courts

- include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court.

In Rem Jurisdiction

- jurisdiction based on claims against property located in the territory of the Court

In Personam Jurisdiction

- jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property.

Stare Decisis

- the doctrine that once an issue has been decided by a court, all courts lower in authority than that court must follow that decision even if they do not agree with it

Jurisdiction over the Parties

- the power of a particular court to require the parties to appear in that court.

State Courts Generally Special Courts

- trial courts, such as probate courts and family courts, having jurisdiction over a particular area of State law.

Mediation

-a formal nonbinding process in which a qualified third party acts as an intermediary between the disputing parties and attempts to assist in a negotiated settlement.

In Personam Jurisdiction

-may exist when a person is a resident of a state; is served while being present in a state; or based on a long-arm statute.

Initial Steps in Starting a Civil Lawsuit - (4)

1. Plaintiff drafts initial pleadings, including summons and complaint. 2. Plaintiff files complaint in appropriate court and has summons issued. 3. Plaintiff has summons and complaint served on Defendant(s). *4. Defendant(s) must answer, typically within 20 days of service (21 days in Federal Court), or default may be entered.

In Personam Jurisdiction (Long-arm statutes allow states to exercise)

jurisdiction over out-of-state defendants when there is a connection between the defendant and an event in the state. Ex. ﾧ48.193, Fla. Stats.