Personal Jurisdiction - ️️the power of the court over the person and the property of
the plaintiff in and the defendant
Subject Matter Jurisdiction - ️️The power of the court to hear and decide a
particular type of case
3 ways to be served - ️️1. County Sheriff serves the defendant
...
Legal Environment BUSA- Samford
University- Exam 1- Trippe
Personal Jurisdiction - ✔️✔️the power of the court over the person and the property of
the plaintiff in and the defendant
Subject Matter Jurisdiction - ✔️✔️The power of the court to hear and decide a
particular type of case
3 ways to be served - ✔️✔️1. County Sheriff serves the defendant
2. Certified Mail— signed mail delivery
3. Special Process Server appointed by the court
the moment they are served they presume _________ jurisdiction - ✔️✔️personal
Remedies or solutions - ✔️✔️Money damages or monetary remedies or Equitable
remedies— non-monetary remedies
Money damages or monetary remedies - ✔️✔️compensatory damages, punitive
damages, or nominal damages (T-swift)
Equitable remedies— non monetary remedies - ✔️✔️injunction, specific performance,
the sale of unique personal property, rescission, restitution, reformation
Common Law - ✔️✔️Judge made law because it is based on a past judges decision
Common Law- Stare Decisis - ✔️✔️Stand on the decision or stand by the decision
3 things I need to know about the common law - ✔️✔️1. gives the law stability,
consistency, and stability
2. Sometimes there is not a precedence for your type of case (example: frozen
embryos)
3. It is flexible and therefore precedence can be changed
Due Process - ✔️✔️Everyone involved in litigation has the right of due process
Due Process is an ________ right - ✔️✔️express
2 things to note about due process - ✔️✔️1. Everyone is entitled to notice of the legal
proceeding against him
2. Everyone is entitled to an opportunity to be heard
, The 2 parts of a Civil Law Suit - ✔️✔️Plaintiff and Defendant
Constitution - ✔️✔️Expressed Rights and Implied Rights
Implied Rights - ✔️✔️Suggested by the document— if you read between the lines the
right is implied
Examples of Implied Rights - ✔️✔️Right of Privacy and if a law that is passed that
infringes on those rights we have the right to challenge those rights.
Statue - ✔️✔️A law passed by our elected legislature
Statue- 3 things of the law - ✔️✔️1) We can pass a new law when we need one
2) You can amend a law if it needs to be changed (updated or modified)
3) You can repeal or cancel a law when it is no longer needed
5 minimum contacts or links to a state to file a lawsuit - ✔️✔️1. Residency
2. Owning Land in the forum state
3. Doing business in the forum state
4. Allegedly committing a torte in the forum state
5. Passing through the forum state and having a car wreck
injunction - ✔️✔️court order to do something or to stop doing something
informed in a court in contempt or in violation of the court order
the court has the option to put you in jail if needed
Specific performance - ✔️✔️a typical remedy in a breech of contract is awarding
compensatory damages
perform his duties under the contract
sale of land
the sale of unique personal property - ✔️✔️everything other than land
rescission - ✔️✔️to cancel— cancels a transaction and undoes it
restitution - ✔️✔️one party repays money to the other party that he received in a
transaction
reformation - ✔️✔️corrects a mistake in a transaction
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