Blaw 110 Chap2

Jurisdiction of Federal Courts

1)federal question(is dealing w/ federal law) 2)diversity of citizenship -The plaintiff and defendant must be residents of different states -The dollar amount in controversy must exceed $75,000.

Mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Jurisdiction (The authority of a court to hear a case and decide a specific action.)

Before any court can hear a case, it must have jurisdiction over the person (or company) against whom the suit is brought (the defendant) or over the property involved in the suit. The court must also have jurisdiction over the subject matter of the dispute.

in personam jurisdiction (personal jurisdiction)

Court jurisdiction over the "person" involved in a legal action; personal jurisdiction. A state trial court, for instance, normally has jurisdictional authority over residents (including businesses) of a particular area of the state, such as a county or district. A state's highest court (often called the state supreme courtFootnote) has jurisdictional authority over all residents within the state.

negotiation

Mutual discussion and arrangement of the terms of a transaction or agreement. Negotiation traditionally involves just the parties themselves and (typically) their attorneys. The attorneys, though, are advocates—they are obligated to put their clients' interests first.

standing to sue

Standing means that the party that filed the action in court has a legally protected interest at stake in the litigation. At times, a person can have standing to sue on behalf of another person, such as a minor (child) or a mentally incompetent person. Standing can be broken down into three elements: -Harm. The party bringing the action must have suffered harm—an invasion of a legally protected interest—or must face imminent harm. The controversy must be real and substantial rather than hypothetical. -Causation. There must be a causal connection between the conduct complained of and the injury. -Remedy. It must be likely, as opposed to merely speculative, that a favorable court decision will remedy the injury suffered.

Jurisdiction in Cyberspace - Sliding Scale Standard

The courts have developed a "sliding-scale" standard to determine when they can exercise personal jurisdiction over an out-of-state defendant based on the defendant's Web activities. The sliding-scale standard identifies three types of Internet business contacts and outlines the following rules for jurisdiction: -When the defendant conducts substantial business over the Internet (such as contracts and sales), jurisdiction is proper. -When there is some interactivity through a Web site, jurisdiction may be proper, depending on the circumstances. Even a single contact can satisfy the minimum-contacts requirement in certain situations. -When a defendant merely engages in passive advertising on the Web, jurisdiction is never proper.Footnote An Internet communication is typically considered passive if people have to voluntarily access it to read the message and active if it is sent to specific individuals.

Alternative Dispute Resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

long arm statute

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state. Before a court can exercise jurisdiction, though, it must be demonstrated that the defendant had sufficient contacts, or minimum contacts, with the state to justify the jurisdiction. ex.

court of general jurisdiction

a court that can hear nearly any type of case

court of limited jurisdiction

a specialty court that can hear only cases of a certain type An example of a state court of limited jurisdiction is a probate court. Probate courts are state courts that handle only the disposition of a person's assets and obligations after that person's death, including issues relating to the custody and guardianship of children. An example of a federal court of limited subject-matter jurisdiction is a bankruptcy court. Bankruptcy courts handle only bankruptcy proceedings, which are governed by federal bankruptcy law.

Exclusive versus Concurrent Jurisdiction

concurrent jurisdiction -Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court. exclusive jurisdiction -Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.

venue

hold case where it allegedly occurred Venue is concerned with the most appropriate location for a trial. Venue in a civil case typically is where the defendant resides or does business, whereas venue in a criminal case normally is where the crime occurred.

in rem jurisdiction (jurisdiction over the thing)

jurisdiction over property that is located within its boundaries Ex. A dispute arises over the ownership of a boat in dry dock in Fort Lauderdale, Florida. The boat is owned by an Ohio resident, over whom a Florida court normally cannot exercise personal jurisdiction. The other party to the dispute is a resident of Nebraska. In this situation, a lawsuit concerning the boat could be brought in a Florida state court on the basis of the court's in rem jurisdiction.

Original vs. Appellate Jurisdiction

original - Exists with courts that have the authority to hear a case for the first time (trial courts, dirstrict courts) appellate - Exist with courts with appeal and review only

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider -makes decision based on reason & rational -less costly, short & simple

Subject Matter Jurisdiction

the power of a court to hear a particular type of case