Term
| How many court systems in the US and breakdown? |
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Definition
57
- 1 in each of 50 states
- 1 system in each 6 US territories
- 1 nationwide federal court system |
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Term
| Hierarchical chain of command in court systems |
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Definition
Botton: Trial courts initially hold trials and ecide cases
Middle: Court of appeals review decisions by trial courts to see if the trial courts made errors in making heir conclusions
Top: Court of last resort reviews decision by appeals ocurt |
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Term
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Definition
1 court with multiple justices (odd number)
- Primarily hears and decides appeals of decisions by court of appeals
- each case is heard and decided by many justices |
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Term
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Definition
Multiple courts and multiple judges in each
- Hear and decide appeals by trail courts
- 3 judges often hear cases |
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Term
| District/Superior/Circuit Courts |
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Definition
Trial courts
- Multiple in each state, multiple judges in each
- Power to hold trials to civil and criminal cases
- Lawsuits are initially filed here
- Hear appeals by specialty courts
- Jury and bench trials decided by judge |
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Term
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Definition
Multiple courts, 1 or more judge
- Decide special types of cases (traffic, family court, small claims)
- "Courts of limited jurisdiction"
More often a jdge decides |
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Term
| What does precedent say about how a court should decide a case? |
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Definition
Follow its own prior decisions or prior decisions by one of its reviewing courts
- Don't technically have to follow other districts |
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Term
| What does jurisdiction determine? |
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Definition
| Which courts have the power to decide a case |
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Term
| What does venue determine? |
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Definition
| Where, among the courts with jurisdiction, it is proper for the case to be decided |
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Term
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Definition
Power over the people or property in the case
- Tells you in which state a lawsuit can be filed |
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Term
| Subject matter jurisdiction |
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Definition
Power to decide the types of claims involved in the case
- Tells you in which type a court a lawsuit can be filed |
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Term
| What types of cases can state courts hear? |
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Definition
| All types of claims, except ones that are based on federal laws that are exclusive subject matter jurisdiction of the federal courts |
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Term
| What types of cases can federal courts hear? |
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Definition
Claims based on federal law
Claims based on state law that are between citizens of different states |
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Term
| What are venue rules based on? |
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Definition
The location of evidence and the convenience to the defendants and witnesses
- Defendants can consent to venue, personal jurisdiction, but not subject matter |
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Term
| 3 Steps to determine which court(s) can hear a case |
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Definition
1. Determine the states where the court have personal jurisdiction over the people or property in the case
2. Determine the type of courts within those states that have the subject matter jurisdiction to hear the claims in the case
3. Determine which of those courts are a proper venue for the trial of the case |
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Term
| Federal courts have subject matter jurisdiction ove which 2 types of claims? |
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Definition
1. Federal question claims- claims based on a violation of federal law
2. Diversity of citizenship claims- refers to cases where the claims themselves are based on state law, but involve citizens of different states |
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Term
| When must a federal claim be brought up for it to be heard in federal court? |
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Definition
In the initial complaint by the plaintiff
- It doesn't matter if the defendant issues a counterclaim with a federal claim |
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Term
| Well-Pleaded Complaint Rule |
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Definition
| The complaint must contain a well-pleaded claim based on federal law, not a frivolous claim solely to get into federal court |
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Term
| 2 Things that must be true for a diversity of citizenship claim |
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Definition
1. There is a complete diversity of citizenship between plaintiffs and defendants
2. The amount in controversy exceeds $75,000 |
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Term
| What is the rationale for diversity of citizenship claims? |
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Definition
Allow out of state litigants to bring their claims into federal courts to avoid state court bias in favor of in-state litigants
- but only in cases where there is a large amount at stake |
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Term
| Complete diversity of Citizenship |
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Definition
No plaintiff is a citizen of the same state as any defendant
- Determined when the Complaint is filed |
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Term
| Plaintiffs creating and destroying diversity |
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Definition
Can take steps to destroy diversity
- Move to the same state, add a defendant from the same state, sue for less than $75,000
- Cannot create diversity by moving to a different state or demanding more than $75,000 when there is no legal basis for it |
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Term
| How is an individual's citizenship determined |
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Definition
Citizen of the state of "domicile"
- Domicile: The state where a person has 1) primary residence, and 2) intent to stay indefinitely
- Can only be citizen of 1 state |
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Term
| How is a corporations citizenship determined? |
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Definition
Can be a citizen of 1 or 2 states
- Citizen of both 1) the state of incorporation and 2) the state where its principal place of business (headquarters) is located |
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Term
| How to determine citizenship of Unincorporated associations (Partnership, LLC, Union) |
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Definition
| Citizens of every state where its members are citizens |
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Term
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Definition
The amount that the Plaintiff demands when the Complaint is filed
- Doesn't include counterclaims
- Doesn't matter if claims are eventually added or dropped
- Must exceed $75,000
- Can combine multiple claims |
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Term
| When can a plaintiff combine claims against multiple defendants? |
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Definition
| Only if each claim applies to all defendants (joint and several liability) |
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Term
| Supplemental jurisdiction |
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Definition
Only 1 claim against the defendant has to include federal law is needed to take it to federal court
- Federal court will have supplemental jurisdiction over any state claims that are part of the same case
- Federal courts can choose not to take supplemental jurisdiction over state claims |
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Term
| General rule regarding removal to a state court |
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Definition
If a case is filed in state court that could have been filed in federal court, the defendant can remove the case to federal court in that state
- Only the defendant can remove the case |
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Term
| Exception to the removal from state to federal court |
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Definition
If a case is filed in state court in a state where a defendant is a citizen, the defendant can only remove the case to a federal court f there is a federal question
- Cannot remove to federal court based on diversity of citizenship
- No risk of state court bias because at least one defendant is a citizen of the state |
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Term
| What happens if a person is subject to personal jurisidiction in one part of a state? |
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Definition
| They are subject to personal jurisdiction in every part of the state |
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Term
| Which type of jurisdiction can people consent to? |
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Definition
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Term
| 4 Types of people courts have personal jurisdiction over |
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Definition
1. Residents
2. Service in the State (where a person is served with "Process" while voluntarily in the state
3. Consent
4. People with sufficient contacts |
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Term
| What classifies someone as giving consent to personal jurisdiction in a particular state? |
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Definition
People who appear in the court for some purpose other than challenging the court's person jurisdiction
- e.g. filing a pleading other than a motion to dismiss for lack of personal jurisdiction
- Showing up in court for the sole purpose of challenging the courts personal decision
- Often consent through forum selection clauses (provisions in contract or agreement) |
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Term
| How can states justify that sufficient contacts in a state make them subject to personal jurisdiction? |
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Definition
Long-arm statutes that authorize courts in the state to assert personal jurisdiction over people outside of the state who have contacts with the state
- must detail the type of contacts |
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Term
| Which law prevents a person from not receiving due process of the law and being tried in an unfair state? |
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Definition
Constitution, Amendment 4
- You cannot be force to go to court and defend yourself in a case where you can lose freedom, unless you receive due process of the law |
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Term
| What types of contacts are sufficient for personal jurisdiction? |
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Definition
Purposefully directed contacts with the state (active, not passive)
- Forming a business
- Doing business
- Marketing or advertising in a state
- Entering contracts with ties to the states
- Owning property in the state
- Driving a car in the state
- Putting products into the stream of commerce with knowledge that they are being sold in the state |
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Term
| If a lawsuit arises from a person's contacts with the state, what amount of contacts must a person have with the state? |
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Definition
limited and sporadic
- Specific in personam personal jurisdiction |
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Term
| If the lawsuit doesn't arise from contacts with the state, what amount is needed for personal jurisdiction? |
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Definition
Continuous and systematic
- General in personal personal jurisdiction |
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Term
| In Rem personal jurisdiction |
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Definition
Over any property that is located in the state and is at issue in the case
- must be at issue |
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Term
| When do courts usually asset in rem personal jurisdiction |
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Definition
| When it lacks in personam personal jurisdiction over the person who owns the property |
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Term
| What are venue rules based on? |
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Definition
| The appropriateness and convenience of holding the trial of a case where the events took place, where the defendants live, and where the evidence, witnesses, and property are located |
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Term
| 2 types of consent to venue |
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Definition
Express (forum selection clause)
Implied (failing to challenge venue at the start of the case) |
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Term
| In state court, where does venue exist |
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Definition
| In the part of the state where a defendant resides, the events took place, or the property at issue is located |
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Term
| In federal court, venue exists in the district in the state: (3 things) |
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Definition
1. Where a defendant resides if all the defendants reside in the same state
2. Where a substantial part of the events at issue occurred or property is located
3. If personal jurisdiction and venue do not exist under 1 and 2, then it is permissible where any defendant is subject to personal jurisdiction |
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