court hears cases of a general nature that are not within the limited jurisdiction
ex: civil cases, felonies cases over a certain dollar amount
Intermediate appellate court
court that hears appeals from trial courts no new evidence/witnesses are allowed
only done if there were errors in the trial or a modification or reversal is needed
State Supreme court
highest court, hears appeals from intermediate appellate state courts, no new evidence or testimony is heard
Federal court system
Special Federal Courts
U.S. District Courts
U.S. Courts of Appeals
U.S. Supreme court
U.S. District Courts
federal courts that rial general jurisdiction matters. there is at least one federal district court in every state ( sometime multiple in large populated states) The geographic are served by the court is called a district.
Special Federal Courts
established by congress they have limited jurisdiction includind the following types of courts:
U.S. Tax Court
U.S. Court of International Trade
U.S. Bankruptcy Court
U.S. Court of Appeals for Armed Services
U.S. Courts of Appeals
federal court systems intermediate appellate courts. There are 13 circuits in the fed court system were appeals can be heard in each circuit. Hears appeals from U.S. District Courts of Special Fed Courts
No new testimony or evidence is heard
US State Supreme court
the highest court in the US located in DC. 8 judges one chief judge and 7 associate justices. Hears appeals from federal circuit courts of appeals. No new eveidence/ testimony is allowed
Federal question
fed jurisdiction: cases arising under the U.S. Constitution, treaties and federal statues and regulations. There is no dollar amount limit in federal question cases.
Jurisdiction of Federal Courts
Can be: Federal Question Diversity of Citizenship
(Exclusive Jurisdiction)
1. Admiralty
2. Antitrust
3. Bankruptcy
4. Copyright and trademarks
5. Federal crimes
6. Patents
7. Suits against the United States
8. Other specified federal statutes
Diversity of citizenship
cases btwn citizens of diff states or btwn citizen of a state and citizen of a foreign country. The controversy must exceed $ 75,000 for federal court to hear
Jurisdiction of State Courts
jurisdiction where federal courts do not have jurisdiction to hear.
ex: real estate, corporation, partnerships, limited liability, contracts sales and lease contracts.
Concurrent jurisdiction
jurisdiction shared by two or more courts which are federal questions and diversity of citizenships
ex: If a case involving concurrent jurisdiction is brought by a plaintiff in federal court, the case remains in federal court. If the plaintiff brings a case involving concurrent jurisdiction in state court, the defendant can either let the case be decided by the state court or remove the case to federal court.
Standing Sue
to bring a lawsuit the plaintiff must have some stake in the outcome
Example Linda’s friend Jon is injured in an accident caused by Emily. Jon refuses to sue. Linda cannot sue Emily on Jon’s behalf because she does not have an interest in the result of the case.
In Personam Jurisdiction
domicile- depends on where pay taxes registered to vote has to meet domicile criteria
Service Process
A summons being served on the defendant to obtain personal jurisdiction over him or her.
Types of Jurisdictions for state / federal courts (how to get people in jail for that)
Subject matter jurisdiction
In personam jurisdiction
In rem Jurisidiction
Quasi in rem jurisdiction
Long arm
In rem jurisdiction
a court has the jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit
The lawsuit is about the property itself
Quasi in rem jurisdiction
dispute about something else but have property in that state
Subject Matter jurisdiction
has to be able to hear subject matter of case (right courts for right subject matter)
Long arm Statute
minimum contact rule (enough contact with stat to be sued in state) ex: 15% of revenue, which is the minimum contact comes form the state can be tried in case.
2 types of jurisdiction
Appellate Jurisdiction
Original Jurisdiction
Jurisdiction
the power of a court to hear a case
Orignial Jurisdiction
includes courts like cal supreme court, us district court
Appellate Jurisdiction
supreme court, court of appeals, us supreme court and circuit courts
fed can not interpret state courts and state can not interpret federal law
true
Sources of American Law
Constitution
Case Law (case precedence)
Legislative law (congress) senate and house
Administrative law (agencies like fda)
Venue
lawsuits to be heard by the court with jurisdiction location in which incident occured or where parties reside
