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BUL 4421 - Chapter 3 Exam/68 Questions & Answers
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BUL 4421 - Chapter 3 Exam/68 Questions & Answers
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BUL 4421 - Chapter 3 Exam/68 Questions &Answers
Jurisdiction - -"to speak, law." Courts' power to hear cases and render
decisions that bind the parties before them.
- Courts of original jurisdiction (trial courts) - -Have the power to hear and
decide cases when they first enter the legal system.
Parties present evidence and call witnesses to testify.
For state court systems: Courts of common pleas or county courts.
For Federal court systems: district courts.
- Courts of appellate jurisdiction (appellate courts) - -Have the power to
review previous judicial decisions to determine whether trail courts erred in
their decisions.
Do not hold trials. Rather, appellate judges review transcripts of trial court
proceedings and occasionally consider additional oral and written arguments
from each party.
Handle questions of law, not questions of fact.
- Questions of law - -Question of law concerns interpretation or application
of a law.
Only judges can decide questions of law.
- Questions of fact - -Question of fact is a question about an event or
characteristic in a case.
Questions of fact are decided in the trial court.
In a bench trial (trial with no jury), judge decides questions of fact.
In a jury trial, the jury decides questions of fact.
Appellate courts can overrule trial courts' decisions on questions of fact.
- In personam jurisdiction - -a court's power to render a decision affecting
the rights of the specific persons before the court.
For state court system: usually extends to the state's borders.
, For federal court system: extends across geographic district.
- Plantiff - -one filing lawsuit with the court.
- Defendant - -Person the plaintiff is suing
- Complaint - -specifies the factual and legal basis for the lawsuit and the
relief the plaintiff seeks
- Summons - -A court order that notifies the defendant of the lawsuit and
explains how and when to respond to the complaint.
- Service of process - -procedure by which courts present these documents
to defendants.
- Corporations are subject to in personal jurisdiction in three locations: - -1.
The state of their incorporations
2. The location of their man offices
3. The geographic areas in which they conduct business
- Long-arm statues - -Enable the court to serve defendants outside the state
as long as the defendant has sufficient minimum contacts within the state
and it seems fair to assert long-arm jurisdiction over him or her.
Established in 1945 (International shoe co. v. State of Washington).
- In rem jurisdiction - -Jurisdiction over a thing. Not a person.
- Ex. of in rem - -Suppose a Utah resident had not paid property taxes on a
piece of land sh owned in Idaho. Idaho state court has the power to seize the
property and sell it to pay the property taxes in an in rem proceeding.
- Quasi in rem jurisdiction (or attachment jurisdiction) - -Courts can gain this
over a defendant's property unrelated to the plaintiff's claim.
- Ex. of Quasi in rem jurisdiction - -Massachusetts resident, ran a red light
while on vacation in Cali. Collided with a Jessica (cali resident). Jessica sued
for 200,000. The court took Charlies california vacation home to pay Jessica.
- Subject-Matter jurisdiction - -Court's power to hear certain kinds of cases.
Determines which court system may hear a particular case.
- Exclusive Federal Jurisdiction - --admiralty cases
-bankruptcy cases
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