Jurisdiction of the Federal Courts
Reflects the policy that a court trying a suit should be in the geographic neighborhood (the county) where the incident leading to the lawsuit occurred or where the parties involved in the lawsuit reside.
Concept of the term Venue
A controversy that is real and substantial, as opposed to hypothetical or academic; a requirement that must be satisfied before a court will hear a case.
Justiciable Controversy
Deals with what really happened in regard to the dispute being tried
Question of Fact
Concerns the application or interpretation of the law
Question of Law
What is the regulation needed when a party brings a lawsuit forward?
The party bringing the lawsuit must have suffered harm, or have been threatened by a harm, as a result of the action about which she/he has complained.
Venue
Two state courts (or federal courts) may have the authority to exercise jurisdiction over a case, but it may be more appropriate or convenient to hear the case in one court than in the other.
diversity of citizenship
a basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.
Federal Question
a question that pertains to the U.S. constitution, an act of congress or a treaty that provides a basis for federal jurisdiction in a case. (in a case based on federal question, a federal court will apply federal law.)
When concurrent jurisdiction exists, a party may bring a suit in either a federal court or a state court. There a many factors that can affect the decision of whether to litigate in a federal or state court. what are some of those factors?
factors including: availability of different remedies, the distance to the respective courthouses, or the experience or reputation of a particular judge.
what will be applied by the federal court in cases involving federal questions?
federal law
Federal courts have exclusive jurisdiction in these kinds of cases?
jurisdiction in cases involving federal crimes, bankruptcy, patents, and copyrights
State courts have exclusive jurisdiction in these kinds of cases?
jurisdiction over certain subject matter—for instance, divorce and adoption.
Exclusive Jurisdiction
jurisdiction that exists when a case can be heard only in a particular court or type of court.
Concurrent Jurisdiction
jurisdiction that exists when two different courts have the power to hear a case.
when does a federal question arise?
whenever a plaintiffs cause of action is based at least in part, on the us constitution, or federal law, then this question arises, and the federal courts have jurisdiction.
Is jurisdiction of the Federal courts limited
yes
Standing to Sue
• The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.