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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. Courts of appellate jurisdiction (appellate courts) - ️️Have th...

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  • October 4, 2024
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  • 2024/2025
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BUL 4421 - Chapter 3
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.

Courts of appellate jurisdiction (appellate courts) - ✔️✔️Have the power to review
previous judicial decisions to determine whether trail courts erred in their decisions.

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

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.


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.



Established in 1945 (International shoe co. v. State of Washington).

In rem jurisdiction - ✔️✔️Jurisdiction over a thing. Not a person.


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
-federal criminal prosecutions

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